O.C.G.A. TITLE 21
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS
TITLE 21 NOTE
JUDICIAL DECISIONS
CONSTITUTIONAL GUARANTEES AND PROTECTIONS. --Although the federal Constitution confers no right to vote as such, it does guarantee to every citizen the right to participate on a fair and equal basis with all other citizens in the electoral process, once a state has chosen to select its public officials by popular vote. Duncan v. Poythress, 515 F. Supp. 327 (N.D. Ga.), aff'd, 657 F.2d 691 (5th Cir. 1981), cert. dismissed, 459 U.S. 1012, 103 S. Ct. 368, 74 L. Ed. 2d 504 (1982).
The right to vote, which encompasses such distinct concerns as the citizen's opportunity to cast a vote, the community's chance to be represented within a larger polity in proportion to its population, the racial group's ability to prevent the purposeful dilution of its voting power, the candidate's capacity to ensure a place on the ballot, and the constituent's chance to contribute to a chosen candidate implicates fundamental U.S. Const., amend. 1 and due process interests and is therefore protected, at least in part, by the due process and equal protection guarantees of U.S. Const., amend. 14 against state encroachment. Duncan v. Poythress, 515 F. Supp. 327 (N.D. Ga.), aff'd, 657 F.2d 691 (5th Cir. 1981), cert. dismissed, 459 U.S. 1012, 103 S. Ct. 368, 74 L. Ed. 2d 504 (1982).
The interests encompassed by the right to vote are among the liberties protected against state infringement by the due process guarantee. Duncan v. Poythress, 515 F. Supp. 327 (N.D. Ga.), aff'd, 657 F.2d 691 (5th Cir. 1981), cert. dismissed, 459 U.S. 1012, 103 S. Ct. 368, 74 L. Ed. 2d 504 (1982).
The right to vote is clearly fundamental, and is protected by both the due process and equal protection guarantees of U.S. Const., amend. 14. In either case, any alleged infringement of the right to vote must be carefully and meticulously scrutinized, for a state has precious little leeway in making it difficult for citizens to vote. Duncan v. Poythress, 515 F. Supp. 327 (N.D. Ga.), aff'd, 657 F.2d 691 (5th Cir. 1981), cert. dismissed, 459 U.S. 1012, 103 S. Ct. 368, 74 L. Ed. 2d 504 (1982).
DENIAL OR ABRIDGMENT OF VOTING RIGHTS. --If the right to vote is denied altogether or abridged in a manner which renders the electoral process fundamentally unfair, a violation of due process may be found. Duncan v. Poythress, 515 F. Supp. 327 (N.D. Ga.), aff'd, 657 F.2d 691 (5th Cir. 1981), cert. dismissed, 459 U.S. 1012, 103 S. Ct. 368, 74 L. Ed. 2d 504 (1982).
DISCRIMINATION AMONGST MEMBERS OF ELECTORATE. --If the state discriminates in favor of some members of the electorate and against others, the equal protection guarantee may have been violated. Duncan v. Poythress, 515 F. Supp. 327 (N.D. Ga.), aff'd, 657 F.2d 691 (5th Cir. 1981), cert. dismissed, 459 U.S. 1012, 103 S. Ct. 368, 74 L. Ed. 2d 504 (1982).
CONDUCT FAVORING "INS" AGAINST "OUTS". --When so fundamental a right as voting is concerned, the courts have not hesitated to conclude that any conduct which favors the "ins" against the "outs" is impermissible. Duncan v. Poythress, 515 F. Supp. 327 (N.D. Ga.), aff'd, 657 F.2d 691 (5th Cir. 1981), cert. dismissed, 459 U.S. 1012, 103 S. Ct. 368, 74 L. Ed. 2d 504 (1982).
STATE MAY REGULATE EXERCISE OF SUFFRAGE. --A citizen has a constitutionally protected right to participate in elections on an equal basis with other citizens in the jurisdiction. This right is not absolute, for the states have the power to determine the conditions under which the right of suffrage may be exercised, absent the discrimination which the Constitution condemns. Duncan v. Poythress, 515 F. Supp. 327 (N.D. Ga.), aff'd, 657 F.2d 691 (5th Cir. 1981), cert. dismissed, 459 U.S. 1012, 103 S. Ct. 368, 74 L. Ed. 2d 504 (1982).
ELECTION LAWS TO BE STRICTLY CONSTRUED. --The election law is in derogation of the common law and must be strictly construed. Schloth v. Smith, 134 Ga. App. 529, 215 S.E.2d 292 (1975).
OPINIONS OF THE ATTORNEY GENERAL
SEGREGATION OF BALLOTS BY RACE NOT AUTHORIZED. --The Election Code clearly and most definitely does not authorize the practice of segregating the ballots used by Negroes and white persons. 1965-66 Op. Att'y Gen. No. 66-182.
MENTAL RETARDATION NOT GROUND FOR REMOVAL OF ELECTOR FROM ELECTORS LIST. --There is no statutory or constitutional provisions which would permit removal of an elector from the electors list on the ground that the elector is mentally retarded; in fact, under O.C.G.A. § 37-4-104, the contrary is true with respect to those mentally retarded electors receiving treatment. 1981 Op. Att'y Gen. No. 81-11.
Research References & Practice Aids
CROSS REFERENCES. --
Prohibition against campaign activities by officers and employees of state while traveling in vehicles for which state is paying transportation mileage, § 50-19-8.
LAW REVIEWS. --
For article, "An Analysis of the Georgia Election Code," see 1 Ga. St. B. J. 299 (1965). For article, "Reasonable Restrictions on the Franchise: Georgia's Voter Identification Act of 2006," see 63 Mercer L. Rev. 1129 (2012). For article, "Judging Congressional Elections," see 51 Ga. L. Rev. 359 (2017).
ALR. --
Treating of voters by candidate for office as violation of corrupt practices or similar act, 2 A.L.R. 402.
Constitutionality and construction of statutes providing for proportional representation, or other system of preferential voting, in public elections, 110 A.L.R. 1521; 123 A.L.R. 252.
"At-Large" elections as violation of § 2 of Voting Rights Act of 1965 (42 USC § 1973), 92 A.L.R. Fed. 824.
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. TITLE 21 Chapter 1
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 1. CONGRESSIONAL DISTRICTS
TITLE 21 Chapter 1 NOTE
Research References & Practice Aids
LAW REVIEWS. --
For article, "The History of Redistricting in Georgia," see 52 Ga. L. Rev. 1060 (2018).
Hierarchy Notes:
Title Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-1-2
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 1. CONGRESSIONAL DISTRICTS
§ 21-1-2. Designation of congressional districts
The
General Assembly shall by general law divide the state into 14 congressional
districts. There shall be elected one representative to the Congress of the
United States from each such district by the electors of such district.
Code 1981, § 21-1-2, enacted by Ga. L. 2011, Ex. Sess., p. 208, § 4/HB 20EX.
EDITOR'S NOTES. --
This Code section formerly pertained to designation of congressional districts. The former Code section was based on Orig. Code 1863, § 44; Code 1868, § 42; Ga. L. 1872, p. 12, § 1; Code 1873, § 40; Code 1882, § 40; Ga. L. 1890-91, p. 193, §§ 1-3; Civil Code 1895, § 31; Ga. L. 1905, p. 52, § 2; Ga. L. 1905, p. 54, § 2; Ga. L. 1905, p. 55, § 2; Ga. L. 1905, p. 57, § 2; Ga. L. 1905, p. 58, § 2; Ga. L. 1905, p. 60, § 2; Ga. L. 1905, p. 62, § 1; Ga. L. 1905, p. 63, § 2; Civil Code 1910, § 33; Ga. L. 1911, p. 146, § 1; Ga. L. 1912, p. 38, § 1; Ga. L. 1912, p. 41, § 1; Ga. L. 1912, p. 108, § 1; Ga. L. 1914, p. 23, § 2; Ga. L. 1914, p. 27, § 1; Ga. L. 1914, p. 29, § 1; Ga. L. 1914, p. 33, § 1; Ga. L. 1916, p. 17, § 1; Ga. L. 1917, p. 41, § 1; Ga. L. 1917, p. 44, § 1; Ga. L. 1918, p. 102, § 1; Ga. L. 1918, p. 106, § 1; Ga. L. 1919, p. 68, § 1; Ga. L. 1920, p. 34, § 1; Ga. L. 1920, p. 38, § 1; Ga. L. 1920, p. 48, § 1; Ga. L. 1920, p. 52, § 1; Ga. L. 1921, p. 88, § 1; Ga. L. 1924, p. 39, § 1; Ga. L. 1931, p. 46, §§ 1, 2; Code 1933, § 34-2301; Ga. L. 1964, p. 478, § 1; Code 1933, § 34-1801, enacted by Ga. L. 1971, Ex. Sess., p. 89, § 1; Ga. L. 1972, p. 235, § 1; Ga. L. 1981, Ex. Sess., p. 131, § 1; Code 1981, § 21-2-4; Ga. L. 1991, Ex. Sess., p. 92, § 2; Ga. L. 1992, p. 335, § 2; Ga. L. 1992, p. 833, § 2; Ga. L. 1993, p. 863, § 1; Code 1981, § 21-1-2, as redesignated by Ga. L. 2001, Ex. Sess., p. 335, §§ 2-4; Ga. L. 2005, p. 728, §§ 1, 2/HB 499 and was repealed by Ga. L. 2011, Ex. Sess., p. 208, § 4/HB 20EX, effective September 6, 2011.
Ga. L. 2011, Ex. Sess., p. 208, § 1/HB 20EX, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Georgia Congressional Reapportionment Act of 2011.'"
Ga. L. 2011, Ex. Sess., p. 208, § 2/HB 20EX and the attachment thereto identified as "Plan: congprop2 Plan Type: Congress Administrator: H167 User: Gina", not codified by the General Assembly, contains the description of the congressional districts and related definitions, effectiveness, and applicability provisions.
JUDICIAL DECISIONS
UNCONSTITUTIONALITY OF SECOND CONGRESSIONAL DISTRICT. --The Second Congressional District was drawn to segregate voters according to their race and so violated equal protection. Johnson v. Miller, 922 F. Supp. 1552 (S.D. Ga. 1995).
UNCONSTITUTIONALITY OF ELEVENTH CONGRESSIONAL DISTRICT. --Race was the predominant, overriding factor explaining the General Assembly's decision to attach to the Eleventh District various appendages containing dense majority-black populations, thereby giving rise to a valid equal protection claim under the principles announced in Shaw v. Reno, 509 U.S. 630, 113 S. Ct. 2819, 125 L. Ed. 2d 511 (1993), and the district could not be sustained as narrowly tailored to serve a compelling governmental interest. Miller v. Johnson, 515 U.S. 900, 115 S. Ct. 2475, 132 L. Ed. 2d 762 (1995).
PROOF OF IMPROPER ASSIGNMENT OF VOTERS. --Parties alleging that a state has assigned voters on the basis of race are neither confined in their proof to evidence regarding the district's geometry and makeup nor required to make a threshold showing of bizarreness. Miller v. Johnson, 515 U.S. 900, 115 S. Ct. 2475, 132 L. Ed. 2d 762 (1995).
Research References & Practice Aids
CROSS REFERENCES. --
Apportionment of House of Representatives and Senate, T. 28, C. 2.
LAW REVIEWS. --
For article, "Local Government Tort Liability: The Summer of '92," see 9 Ga. St. U. L. Rev. 405 (1993).
AM. JUR. 2D. --
16 Am. Jur. 2d, Constitutional Law, § 32.
C.J.S. --
16 C.J.S., Constitutional Law, § 73 et seq.
ALR. --
Validity and construction of statute or ordinance relating to distribution of advertising matter, 114 A.L.R. 1446.
Propriety of using census data as basis for governmental regulations or activities -- state cases, 56 A.L.R.5th 171.
Application of constitutional "compactness requirement" to redistricting, 114 A.L.R.5th 311.
State court jurisdiction over congressional redistricting disputes, 114 A.L.R.5th 387.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-1-1
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 1. CONGRESSIONAL DISTRICTS
§ 21-1-1. Definitions and descriptions for use in
designating congressional districts
Reserved.
Repealed by Ga. L. 2011, Ex. Sess., p. 208, § 3/HB 20EX, effective September 6,
2011.
EDITOR'S NOTES. --
This Code section was based on Code 1933, § 34-1801, enacted by Ga. L. 1971, Ex. Sess., p. 89, § 1; Code 1933, § 34-1802, enacted by Ga. L. 1981, Ex. Sess., p. 131, § 1; Code 1981, § 21-2-3; Ga. L. 1991, Ex. Sess., p. 92, § 1; Ga. L. 1992, p. 335, § 1; Ga. L. 1992, p. 833, § 1; Ga. L. 1993, p. 118, § 1; Ga. L. 1998, p. 295, § 1; Code 1981, § 21-1-1, as redesignated Ga. L. 2001, Ex. Sess., p. 335, §§ 1, 4.
Ga. L. 2011, Ex. Sess., p. 208, § 1/HB 20EX, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Georgia Congressional Reapportionment Act of 2011.'"
Research References & Practice Aids
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-1-3
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 1. CONGRESSIONAL DISTRICTS
§ 21-1-3. Continuation in office, dismissal, or appointment
of members of constitutional or statutory boards or bodies for which membership
based on residency within congressional district
(a) Any member of any constitutional or statutory board or body
who:
(1) Is in office on January 1 of the
year following the year in which members of Congress are first elected from
Georgia under any congressional redistricting Act; and
(2) Was appointed or otherwise selected
(other than by election by the people) on the basis of residency within a
congressional district
shall have his or her eligibility or
ineligibility to continue to serve determined as provided in this subsection.
Such member shall serve out the term for which the member was appointed and
shall represent the congressional district in which the member resides unless
more members of the board or body than authorized by the applicable
constitutional provision or statute reside within the same congressional
district. In the event any congressional district in which there are residing
therein more members of any such board or body than the number of members
specified by the applicable constitutional provision or statute, the appointing
authority shall designate which member or members representing the
congressional district shall continue to serve as a member or members of the
board or body. Any member not designated for continued membership shall cease
to hold office as of the date of such designation by the appointing authority.
If a congressional district is not represented on a board or body as specified by
the applicable constitutional provision or statute, a vacancy shall exist. Such
vacancy shall be filled by the appointing authority appointing to the board or
body a member or members from the congressional district which does not have
sufficient representation. In the case of an appointment to fill a vacancy
created by the displacement of a member from a congressional district on the
basis of residency, the initial appointment shall be for a term ending on the
date on which the term of the member removed by the appointing authority in
accordance with the foregoing requirement would have ended. The initial term of
all other appointments to fill a vacancy as provided for in this Code section
shall be set by the appointing authority in accordance with the schedule of
expiration dates established by law for the terms of members of the board or
body.
(b) The same rules provided for in subsection (a) of this Code
section shall be applied insofar as may be practicable in the event a court of
competent jurisdiction enters an order changing the composition of Georgia's
congressional districts. In such event, such rules shall be applied as of
January 1 of the year following the year in which members of Congress are first
elected from Georgia under such court order. If such a court order is stayed,
the application of this subsection shall likewise be stayed. If such a court
order is subject to appeal but is not stayed and congressional elections are
held under such court order, the application of this subsection likewise shall
not be stayed.
Code
1981, § 21-1-3, enacted by Ga. L. 2011, Ex. Sess., p. 208, § 5/HB 20EX.
EDITOR'S NOTES. --
Ga. L. 2011, Ex. Sess., p. 208, § 1/HB 20EX, not codified by
the General Assembly, provides that: "This Act shall be known and may be
cited as the 'Georgia Congressional Reapportionment Act of 2011.'"
Research
References & Practice Aids
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. TITLE 21 Chapter 2
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY
TITLE 21 Chapter 2 NOTE
EDITOR'S NOTES. --
In light of the similarity of the statutory provisions, decisions under former Code 1933, § 34-101 et seq., former Code 1933, § 34-1514 and former Title 21, Chapter 3 are included in the annotations for this chapter.
JUDICIAL DECISIONS
FEDERAL CONSTITUTION PROTECTS RIGHT OF ALL QUALIFIED CITIZENS TO VOTE, in state as well as in federal elections. Duncan v. Poythress, 657 F.2d 691 (5th Cir. 1981), cert. dismissed, 459 U.S. 1012, 103 S. Ct. 368, 74 L. Ed. 2d 504 (1982) (decided under former Code 1933, § 34-1514).
Federal Constitution protects right of all qualified citizens to vote, in state as well as in federal elections. Duncan v. Poythress, 657 F.2d 691 (5th Cir. 1981), cert. dismissed, 459 U.S. 1012, 103 S. Ct. 368, 74 L. Ed. 2d 504 (1982) (decided under former Code 1933, § 34-1514).
ELECTION ADMINISTRATION IS FEDERALLY PROTECTED, ALTHOUGH GENERALLY A STATE CONCERN. --The administration of elections is generally a matter of state concern, but United States Supreme Court decisions leave no room for doubt that voting rights are, at bottom, federally protected. Duncan v. Poythress, 657 F.2d 691 (5th Cir. 1981), cert. dismissed, 459 U.S. 1012, 103 S. Ct. 368, 74 L. Ed. 2d 504 (1982) (decided under former Code 1933, § 34-1514).
FUNDAMENTAL LIBERTIES MUST NOT BE OBSTRUCTED BY ELECTION PRACTICES. --The "liberty" protected from state impairment by the due process clause of U.S. Const., amend. 14 includes the freedoms of speech and association guaranteed by U.S. Const., amend. 1. These freedoms under U.S. Const., amend. 1 extend to political activities such as running for elective office. State election practices must therefore serve legitimate state interest narrowly and fairly to avoid obstructing and diluting these fundamental liberties. Duncan v. Poythress, 657 F.2d 691 (5th Cir. 1981), cert. dismissed, 459 U.S. 1012, 103 S. Ct. 368, 74 L. Ed. 2d 504 (1982) (decided under former Code 1933, § 34-1514).
VOTING RESTRICTIONS STRIKE AT HEART OF REPRESENTATIVE GOVERNMENT. --The right to vote freely for the candidate of one's choice is the essence of a democratic society, and any restrictions on that right strike at the heart of representative government. Duncan v. Poythress, 657 F.2d 691 (5th Cir. 1981), cert. dismissed, 459 U.S. 1012, 103 S. Ct. 368, 74 L. Ed. 2d 504 (1982) (decided under former Code 1933, § 34-1514).
INFRINGEMENT OF RIGHT TO SUFFRAGE CAREFULLY SCRUTINIZED. --Undoubtedly, the right of suffrage is a fundamental matter in a free and democratic society. Especially since the right to exercise the franchise in a free and unimpaired manner is preservative of other basic civil rights, any alleged infringement of the right of citizens to vote must be carefully and meticulously scrutinized. Duncan v. Poythress, 657 F.2d 691 (5th Cir. 1981), cert. dismissed, 459 U.S. 1012, 103 S. Ct. 368, 74 L. Ed. 2d 504 (1982) (decided under former Code 1933, § 34-1514).
RIGHT TO HAVE VOTES COUNTED. --Qualified citizens not only have a constitutionally protected right to vote, but also the right to have their votes counted, a right which can neither be denied outright, nor destroyed by alteration of ballots, nor diluted by ballot box stuffing. Duncan v. Poythress, 657 F.2d 691 (5th Cir. 1981), cert. dismissed, 459 U.S. 1012, 103 S. Ct. 368, 74 L. Ed. 2d 504 (1982) (decided under former Code 1933, § 34-1514).
OTHER RIGHTS ILLUSORY IF RIGHT TO VOTE UNDERMINED. --No right is more precious in a free country than that of having a voice in the election of those who make the laws under which we, as good citizens, must live. Other rights, even the most basic, are illusory if the right to vote is undermined. Duncan v. Poythress, 657 F.2d 691 (5th Cir. 1981), cert. dismissed, 459 U.S. 1012, 103 S. Ct. 368, 74 L. Ed. 2d 504 (1982) (decided under former Code 1933, § 34-1514).
ILLEGAL VOTES GROUND FOR CONTESTING MUNICIPAL ELECTION. --Although the Georgia Election Code is not applicable by its terms to municipal elections under former Code 1933, § 34-102 (see now O.C.G.A. § 21-2-15), in the absence of any statutory grounds for contest in former chapter 3, the ground for contest in former Code 1933, § 34-1703 (see now O.C.G.A. § 21-2-522(3)) is a good ground of contest in a municipal election. Davidson v. Bryan, 242 Ga. 282, 248 S.E.2d 657 (1978) (decided under former Code 1933).
GA. L. 1964, EX. SESS., P. 26 IS A COMPREHENSIVE LAW designed to regulate all elections in the state except municipal elections, and repeals any provision inconsistent with it. League of Women Voters v. Board of Elections, 237 Ga. 40, 227 S.E.2d 225 (1976) (decided under former Code 1933, § 34-101 et seq.).
Ga. L. 1964, Ex. Sess., p. 26, being a general comprehensive reorganization of election law, must control in elections legalizing alcoholic beverages. Buttrill v. Thomas, 126 Ga. App. 498, 191 S.E.2d 119 (1972) (decided under former Code 1933, § 34-101 et seq.).
CITED in Grogan v. Paulding County Democratic Executive Comm., 246 Ga. 206, 269 S.E.2d 467 (1980); McCreary v. Martin, 281 Ga. 668, 642 S.E.2d 80 (2007).
OPINIONS OF THE ATTORNEY GENERAL
ORDINARY (NOW JUDGE OF THE PROBATE COURT) SHOULD CONDUCT ELECTION for justice of the peace (now magistrate) and should certify the returns to the Secretary of State. 1967 Op. Att'y Gen. No. 67-125 (decided under former Code 1933, § 34-1508).
Research References & Practice Aids
CROSS REFERENCES. --
Referendum for ratification or rejection of annexation resolution, § 36-36-58. Elections relating to incurring of bonded debt by counties, municipalities, or other political subdivisions, § 36-82-1 et seq. Special election for filing of vacancies in office of district attorney, § 45-5-3.2.
ADMINISTRATIVE RULES AND REGULATIONS. --Registration of electors, Official Compilation of the Rules and Regulations of the State of Georgia, State Election Board, Chapter 183-1-6.
Election districts and polling places, Official Compilation of the Rules and Regulations of the State of Georgia, State Election Board, Chapter 183-1-7.
Certification of voting systems, Official Compilation of the Rules and Regulations of the State of Georgia, Office of Secretary of State Elections Division, Chapter 590-8-1.
Help America Vote Act of 2002 Provisions, Official Compilation of the Rules and Regulations of the State of Georgia, Office of Secretary of State Elections Division, Chapter 590-8-2.
LAW REVIEWS. --
For article discussing the evolution of municipal annexation law in Georgia in light of Plantation Pipe Line Co. v. City of Bremen, 227 Ga. 1, 178 S.E.2d 868 (1970), see 5 Ga. L. Rev. 499 (1971). For article, "Election Emergencies: Voting in the Wake of Natural Disasters and Terrorist Attacks," see 67 Emory L. J. 545 (2018).
Hierarchy Notes:
Title Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. TITLE 21 Chapter 2 Article 1
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 1. GENERAL PROVISIONS
TITLE 21 Chapter 2 Article 1 NOTE
EDITOR'S NOTES. --
In light of the similarity of the statutory provisions, opinions under former Code 1933, § 34-101 are included in the annotations for this article.
ARTICLE NOTES
OPINIONS OF THE ATTORNEY GENERAL
REFERENDUM REQUIRED BY SPECIAL ACT MUST BE CALLED AND HELD AT TIME SPECIFIED IN ACT. See 1969 Op. Att'y Gen. No. 69-301 (decided under former Code 1933, § 34-101 et seq.).
PRESENTATION OF MORE THAN ONE QUESTION IN SPECIAL ELECTION. --More than one question may be presented to municipal voters in a special election properly called for that purpose, absent specific limitations derived from the authority under which the question is to be submitted. 1976 Op. Att'y Gen. No. U76-16 (decided under former Ga. Law 1968, p. 885 et seq.).
Research References & Practice Aids
ALR. --
Power to enjoin holding of election, 70 A.L.R. 733.
Constitutionality and construction of statutes providing for proportional representation, or other system of preferential voting, in public elections, 110 A.L.R. 1521; 123 A.L.R. 252.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-1
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 1. GENERAL PROVISIONS
§ 21-2-1. Short title; references to Chapter 3 of Title 21
or the municipal election code
(a) This chapter shall be known and may
be cited as the "Georgia Election Code."
(b) References in general and local law
to the "Georgia Municipal Election Code," the "Municipal
Election Code," or "Chapter 3 of Title 21" shall be deemed to
refer to this chapter.
Code
1933, § 34-101, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1998, p.
295, § 1.
JUDICIAL DECISIONS
CITED in Martin v.
Fulton County Bd. of Registration & Elections, 307 Ga. 193, 835 S.E.2d 245
(2019).
Research
References & Practice Aids
ALR. --
What changes in voting practices or procedures must be
precleared under § 5 of Voting Rights Act of 1965 (42 USCA § 1973c) -- Supreme
Court cases, 146 A.L.R. Fed. 619.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-3
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 1. GENERAL PROVISIONS
§ 21-2-3. Reserved
EDITOR'S NOTES. --
Ga. L. 2006, p. 275, § 2-3/HB 1320, redesignated former Code Section 21-2-3 as present Code Section 16-7-58. Ga. L. 2006, p. 275, § 4-1/HB 1320, reserved the designation of this Code section.
Research References & Practice Aids
Hierarchy Notes:
Title Note
Hierarchy Notes:
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Hierarchy Notes:
Article Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-4
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 1. GENERAL PROVISIONS
§ 21-2-4. Preparation, printing, publicizing, and
distributing of summary of general amendments to Constitution of Georgia;
recording summary on audio tape or other media
(a) The summary of general amendments to
the Constitution of Georgia prepared by the Attorney General, the legislative
counsel, and the Secretary of State pursuant to Article X, Section I, Paragraph
II of the Constitution of Georgia shall be printed by the Secretary of State in
sufficient quantities to make available a copy of such summary to any
interested citizen requesting a copy. In preparing the summary provided by this
provision of the Constitution of Georgia, the Attorney General, the legislative
counsel, and the Secretary of State shall provide an explanation of each
proposed general amendment to the Constitution of Georgia in language free of
legalistic and technical terms, to the end that the summary may be read and
understood by the majority of citizens of this state. The Secretary of State
shall be authorized to include with such summary, as a part of the same
document, a summary or explanation of any state-wide referendum questions to be
voted on at the same general election and any other explanatory materials as
may be deemed appropriate by the Secretary of State.
(b) The Secretary of State shall cause a
supply of the summary to be printed as soon as practicable after the summary
has been prepared. The quantity of such supply shall be at the discretion of
the Secretary of State. Immediately after receiving a supply of the printed
summary, the Secretary of State shall prepare a press release stating that a
summary of proposed general amendments to the Constitution of Georgia is
available for distribution to interested citizens and advising such citizens of
the method or methods by which a copy of such summary may be obtained. The
Secretary of State shall distribute this press release to print and broadcast
media throughout the state and shall actively seek the cooperation of the media
in publicizing the fact that a summary of proposed general amendments to the
Constitution of Georgia is available to interested citizens and encouraging
citizens to obtain a copy of the summary. The Secretary of State shall reissue,
at his discretion, this press release from time to time up to the date of the
general election at which the proposed general amendments to the Constitution
of Georgia shall be submitted to the electorate for approval or rejection.
(c) The Secretary of State shall send a supply of the printed
summary to the superintendent of elections of each county. The press release
provided by subsection (b) of this Code section shall state that the summary is
available at the office of each election superintendent. Each election
superintendent shall distribute a copy of the summary, as made available by the
Secretary of State in his discretion, to any interested citizen on request. The
press release shall also state that the summary may be obtained by mail and
shall advise citizens how a copy may be so obtained. The Secretary of State
shall be authorized to use any additional methods for the distribution of the
summary as he may deem necessary to achieve the most effective distribution of
the summary to all interested citizens.
(d) The Secretary of State is authorized to provide for the
preparation of a supply of audio tapes, compact discs, or other media or an
Internet website which shall contain the summary of each proposed general
amendment to the Constitution as provided in subsection (a) of this Code
section, together with a listing of the candidates for each of the state
representatives to the United States Congress and the candidates for every
public office elected by the electors of the entire state. A sufficient number
of the audio tapes, compact discs, or other media may be prepared as will
permit the distribution of at least one tape, disc, or other media form to each
of the public libraries within the state for the purpose of providing voting
information and assistance to any interested citizen. The Secretary of State
may cause a supply of the tapes, discs, or other media to be prepared and
distributed as soon as practicable after the summary has been prepared and the
names of the candidates for each of the public offices to be included are known
to be candidates. If the Secretary of State provides such information through
an Internet website, it shall not be necessary to provide such information by
audio tape, compact disc, or other media.
Ga.
L. 1981, p. 660, § 1; Code 1981, § 21-1-2; Ga. L. 1982, p. 3, § 21; Ga. L.
1983, p. 140, § 2; Ga. L. 1984, p. 1117, § 1; Ga. L. 1989, p. 10, § 1; Ga. L.
1997, p. 400, § 1; Code 1981, § 21-2-4, as redesignated by Ga. L. 2001, Ex.
Sess., p. 335, § 4; Ga. L. 2005, p.
253, § 2/HB 244.
EDITOR'S NOTES. --
The amendment to this Code section by Ga. L. 1988, p. 426, §
2, is not in effect, since it was to become effective only upon ratification of
proposed amendments to Ga. Const. 1983, Art. VII, Sec. IV, Para. VII and Art.
X, Sec. I, Para. II at the November 1988 general election (see Ga. L. 1988, p.
2116), which proposed constitutional amendments were defeated.
Ga. L. 2001, Ex. Sess., p. 335, § 4,
effective October 1, 2001, redesignated former Code Section 21-2-4 as present
Code Section 21-1-2 and redesignated former Code Section 21-1-2 as present Code
Section 21-2-4.
Research
References & Practice Aids
CROSS REFERENCES. --
Manner of amending Constitution of Georgia, Ga. Const. 1983,
Art. X, Sec. I. Office of Legislative Counsel generally, § 28-4-3. Duties of
Secretary of State with regard to Acts and resolutions of General Assembly, §
45-13-22 et seq. Powers and duties of Constitutional Amendments Publication
Board regarding assignment of numbers to proposed constitutional amendments and
proposed new Constitutions, § 50-12-101.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-2
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 1. GENERAL PROVISIONS
§ 21-2-2. (See Editor's notes.) Definitions
As
used in this chapter, the term:
(.1) "Activities of daily living" includes eating,
toileting, grooming, dressing, shaving, transferring, and other personal care
services.
(.2) "Attendant care services" means services and
supports furnished to an individual with a physical disability, as needed, to
assist in accomplishing activities of daily living, instrumental activities of
daily living, and health related functions through hands-on assistance,
supervision, or cuing.
(1) "Ballot" means "official ballot" or
"paper ballot" and shall include the instrument, whether paper,
mechanical, or electronic, by which an elector casts his or her vote.
(2) "Ballot marking device" means a pen, pencil, or
similar writing tool, or an electronic device designed for use in marking paper
ballots in a manner that is detected as a vote so cast and then counted by
ballot scanners.
(2.1)"Ballot
scanner" means an electronic recording device which receives an elector's
ballot and tabulates the votes on the ballot by its own devices; also known as
a "tabulating machine."
(3) "Call" or "the call," as used in
relation to special elections or special primaries, means the affirmative
action taken by the responsible public officer to cause a special election or
special primary to be held. The date of the call shall be the date of the first
publication in a newspaper of appropriate circulation of such affirmative
action.
(3.1)"Campaign
material" means any newspaper, booklet, pamphlet, card, sign,
paraphernalia, or any other written or printed matter referring to:
(A) A candidate whose name appears on
the ballot in a primary or election;
(B) A referendum which appears on the
ballot in a primary or election; or
(C) A political party or body which has
a nominee or nominees on the ballot in a primary or election.
Campaign material shall not include any
written or printed matter that is used exclusively for the personal and private
reference of an individual elector during the course of voting.
(4) "Custodian" means the person charged with the duty
of testing and preparing voting equipment for the primary or election and with
instructing the poll officers in the use of same.
(4.1)"Direct
recording electronic" or "DRE" voting equipment means a computer
driven unit for casting and counting votes on which an elector touches a video
screen or a button adjacent to a video screen to cast his or her vote. Such
term shall not encompass ballot marking devices or electronic ballot
markers.
(5) "Election" ordinarily means any general or special
election and shall not include a primary or special primary unless the context
in which the term is used clearly requires that a primary or special primary is
included.
(6) "Election district" is synonymous with the terms
"precinct" and "voting precinct."
(7) "Elector" means any person who shall possess all
of the qualifications for voting now or hereafter prescribed by the laws of
this state, including applicable charter provisions, and shall have registered
in accordance with this chapter.
(7.1)"Electronic
ballot marker" means an electronic device that does not compute or retain
votes; may integrate components such as a ballot scanner, printer, touch screen
monitor, audio output, and a navigational keypad; and uses electronic
technology to independently and privately mark a paper ballot at the direction
of an elector, interpret ballot selections, communicate such interpretation for
elector verification, and print an elector verifiable paper ballot.
(8) "General election" means an election recurring at
stated intervals fixed by law or by the respective municipal charters; and the
words "general primary" mean a primary recurring at stated intervals
fixed by law or by the respective municipal charters.
(9) "Health related functions" means functions that
can be delegated or assigned by licensed health care professionals under state
law to be performed by an attendant.
(10) "Independent" means a person unaffiliated with any
political party or body and includes candidates in a special election for a
partisan office for which there has not been a prior special primary.
(11) "Managers" means the chief manager and the
assistant managers required to conduct primaries and elections in any precinct
in accordance with this chapter.
(12) "Municipal office" means every municipal office to
which persons can be elected by a vote of the electors under the laws of this
state and the respective municipal charters.
(13) "Municipality" means an incorporated
municipality.
(14) "Nomination" means the selection, in accordance
with this chapter, of a candidate for a public office authorized to be voted
for at an election.
(15) "November election" means the general election
held on the Tuesday next following the first Monday in November in each
even-numbered year.
(16) "Numbered list of voters" means one or more sheets
of uniform size containing consecutively numbered blank spaces for the
insertion of voters' names at the time of and in the order of receiving their
ballots or number slips governing admissions to the voting machines.
(17) "Oath" shall include affirmation.
(18) "Official ballot" means a ballot, whether paper,
mechanical, or electronic, which is furnished by the superintendent or
governing authority in accordance with Code Section 21-2-280, including paper
ballots that are read by ballot scanners.
(19) "Official ballot label" means a ballot label
prepared in accordance with Article 9 of this chapter and delivered by the
superintendent to the poll officers in accordance with Code Section
21-2-328.
(19.1) "Optical scanning voting
system" means a system employing paper ballots on which electors cast
votes with a ballot marking device or electronic ballot marker after which
votes are counted by ballot scanners.
(20) "Paper ballot" or "ballot" means the
forms described in Article 8 of this chapter.
(21) "Party nomination" means the selection by a
political party, in accordance with this chapter, of a candidate for a public
office authorized to be voted for at an election.
(23) "Political body" or "body" means any
political organization other than a political party.
(24) "Political organization" means an affiliation of
electors organized for the purpose of influencing or controlling the policies
and conduct of government through the nomination of candidates for public
office and, if possible, the election of its candidates to public office,
except that the term "political organization" shall not include a
"subversive organization" as defined in Part 2 of Article 1 of
Chapter 11 of Title 16, the "Sedition and Subversive Activities Act of
1953."
(25) "Political party" or "party" means any
political organization which at the preceding:
(A) Gubernatorial election nominated a
candidate for Governor and whose candidate for Governor at such election polled
at least 20 percent of the total vote cast in the state for Governor; or
(B) Presidential election nominated a
candidate for President of the United States and whose candidates for
presidential electors at such election polled at least 20 percent of the total
vote cast in the nation for that office.
(26) "Poll officers" means the chief manager, assistant
managers, and clerks required to conduct primaries and elections in any
precinct in accordance with this chapter.
(27) "Polling place" means the room provided in each
precinct for voting at a primary or election.
(28) "Precinct" is synonymous with the term
"voting precinct" and means a geographical area, established in
accordance with this chapter, from which all electors vote at one polling
place.
(29) "Primary" means any election held for the purpose
of electing party officers or nominating candidates for public offices to be
voted for at an election.
(30) "Public office" means every federal, state,
county, and municipal office to which persons can be elected by a vote of the
electors under the laws of this state or the respective municipal charters,
except that the term shall not include the office of soil and water
conservation district supervisor.
(31) "Question" means a brief statement of such
constitutional amendment, charter amendment, or other proposition as shall be
submitted to a popular vote at any election.
(32) "Residence" means domicile.
(32.1) "Scanning ballot" means a
printed paper ballot designed to be marked by an elector with a ballot marking
device or electronic ballot marker or a blank sheet of paper designed to be
used in a ballot marking device or electronic ballot marker, which is then
inserted for casting into a ballot scanner.
(33) "Special election" means an election that arises
from some exigency or special need outside the usual routine.
(34) "Special primary" means a primary that arises from
some exigency or special need outside the usual routine.
(A) Either the judge of the probate
court of a county or the county board of elections, the county board of
elections and registration, the joint city-county board of elections, or the
joint city-county board of elections and registration, if a county has such;
(B) In the case of a municipal primary,
the municipal executive committee of the political party holding the primary
within a municipality or its agent or, if none, the county executive committee
of the political party or its agent;
(C) In the case of a nonpartisan
municipal primary, the person appointed by the proper municipal executive
committee; and
(D) In the case of a municipal election,
the person appointed by the governing authority pursuant to the authority
granted in Code Section 21-2-70.
(36) "Swear" shall include affirm.
(37) "Violator" means any individual, partnership,
committee, association, corporation, limited liability company, limited
liability partnership, professional corporation, trust, enterprise, franchise,
joint venture, political party, political body, candidate, campaign committee,
political action committee or any other political committee or business entity,
or any governing authority that violates any provision of this chapter.
(39) "Voter" is synonymous with the term
"elector."
(40) "Voting machine" is a mechanical device on which
an elector may cast a vote and which tabulates those votes by its own devices
and is also known as a "lever machine."
(41) "Write-in ballot" means the paper or other
material on which a vote is cast for persons whose names do not appear on the
official ballot or ballot labels.
History.
-- Code 1933, § 34-103, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L.
1970, p. 347, § 1; Ga. L. 1978, p. 1004, §§ 1, 2; Ga. L. 1979, p. 964, § 1; Ga.
L. 1982, p. 3, § 21; Ga. L. 1982, p. 1512, § 1; Ga. L. 1983, p. 140, § 1; Ga.
L. 1984, p. 696, § 1; Ga. L. 1988, p. 964, § 1; Ga. L. 1989, p. 10, § 1; Ga. L.
1994, p. 279, § 1; Ga. L. 1997, p. 590, § 1; Ga. L. 1998, p. 145, § 1; Ga. L.
1998, p. 295, § 1; Ga. L. 1998, p. 1231, §§ 1, 2, 25, 26; Ga. L. 2001, Ex.
Sess., p. 325, § 1; Ga. L. 2002, p. 598, §§ 1-1, 2-1; Ga. L. 2003, p. 151, § 1;
Ga. L. 2003, p. 517, § 1; Ga. L. 2005,
p. 253, § 1/HB 244; Ga. L. 2006, p.
888, § 1/HB 1435; Ga. L. 2010, p. 914,
§ 1/HB 540; Ga. L. 2016, p. 173, § 1/SB
199; Ga. L. 2019, p. 7, § 1/HB 316.
Editor's notes. -- For application of this
statute in 2020, see Executive Orders 08.15.20.01 and 08.31.20.02.
A listing of Executive Orders issued in 2020
can be found at
https://gov.georgia.gov/executive-action/executive-orders/2020-executive-orders.
THE 2019 AMENDMENT,
effective April 2, 2019, substituted the present provisions of paragraph (2)
for the former provisions, which read: "'Ballot labels' means the cards,
paper, or other material placed on the front of a voting machine containing the
names of offices and candidates and statements of questions to be voted
on."; added paragraph (2.1); added the second sentence in paragraph (4.1);
added paragraph (7.1); substituted "paper ballots that are read by ballot
scanners" for "ballots read by optical scanning tabulators" near
the end of paragraph (18); and added paragraphs (19.1) and (32.1).
EDITOR'S NOTES. --
In light of the similarity of the statutory provisions,
opinions under former Code 1933, § 34-101 et seq., and former Code Section
21-3-2 are included in the annotations for this Code section.
GENERAL CONSIDERATION
COUNTY
REGISTRAR
ELECTOR
POLITICAL
BODY
RESIDENCE
SPECIAL
ELECTION
JUDICIAL DECISIONS
ANALYSIS
GENERAL CONSIDERATION
EDITOR'S NOTES. --In
light of the similarity of the statutory provisions, decisions under former
Code 1910, § 36, former Code 1933, §§ 34-101 et seq., and 34A-101, and former
Code Section 21-3-2 are included in the annotations for this Code section.
CITED in Stinson v.
Manning, 221 Ga. 487, 145 S.E.2d 541 (1965); Tripp v. Holder, 119 Ga. App. 608,
168 S.E.2d 189 (1969); Georgia Socialist Workers Party v. Fortson, 315 F. Supp.
1035 (N.D. Ga. 1970); Jenness v. Fortson, 403 U.S. 431, 91 S. Ct. 1970, 29 L.
Ed. 2d 554 (1971); Ollila v. Graham, 126 Ga. App. 288, 190 S.E.2d 542 (1972);
League of Women Voters v. Board of Elections, 237 Ga. 40, 227 S.E.2d 225
(1976); Smiley v. Davenport, 139 Ga. App. 753, 229 S.E.2d 489 (1976); Ashworth
v. Fortson, 424 F. Supp. 1178 (N.D. Ga. 1976); Grogan v. Paulding County
Democratic Executive Comm., 246 Ga. 206, 269 S.E.2d 467 (1980); Bergland v.
Harris, 767 F.2d 1551 (11th Cir. 1985); Favorito v. Handel, 285 Ga. 795, 684
S.E.2d 257 (2009); Broughton v. Douglas County Bd. of Elections, 286 Ga. 528,
690 S.E.2d 141 (2010); City of Brookhaven v. City of Chamblee, 329 Ga. App.
346, 765 S.E.2d 33 (2014).
COUNTY REGISTRAR
COUNTY REGISTRAR IS
NOT PROHIBITED FROM ENTERING A MUNICIPAL ELECTION because the restriction on
municipal registrars under former Code 1933, § 34A-103 does not govern county
registrars. Jarnagin v. Harris, 138 Ga. App. 318, 226 S.E.2d 108 (1976) (decided
under former Code 1933, § 34-101 et seq.).
ELECTOR
AN ELECTOR MUST BE A
LIVING PERSON. Hollifield v. Vickers, 118 Ga. App. 229, 162 S.E.2d 905
(1968).
POLITICAL BODY
CITIZENS PARTY is a
"political body" under O.C.G.A. § 21-2-2(19) (see now O.C.G.A. §
21-2-2(23)). Libertarian Party v. Harris, 644 F. Supp. 602 (N.D. Ga.
1986).
RESIDENCE
QUESTION OF DOMICILE
IS FOR JURY. --The question of domicile is a mixed question of law and fact and
is ordinarily one for a jury, and should not be determined by the court except
in plain and palpable cases. Haggard v. Graham, 142 Ga. App. 498, 236 S.E.2d 92
(1977).
CHANGE OF DOMICILE
NECESSARY FOR CHANGE OF RESIDENCE. --There must be either the tacit or the
explicit intention to change one's domicile before there is a change of legal
residence. Haggard v. Graham, 142 Ga. App. 498, 236 S.E.2d 92 (1977).
If a person
leaves the place of domicile temporarily, or for a particular purpose, and does
not take up an actual residence elsewhere with the avowed intention of making a
change in domicile, the person will not be considered as having changed domicile.
Haggard v. Graham, 142 Ga. App. 498, 236 S.E.2d 92 (1977).
MAINTENANCE OF
ALTERNATE ABODE NOT NECESSARILY CHANGE IN DOMICILE. --One may, for purposes of
convenience, maintain a residence at a place not intended as a permanent abode
without affecting any change in legal domicile. Haggard v. Graham, 142 Ga. App.
498, 236 S.E.2d 92 (1977).
REQUIREMENTS AS TO
DOMICILE. --See Avery v. Bower, 170 Ga. 202, 152 S.E. 239 (1930) (decided under
former Code 1910, § 36).
CANDIDATE IMPROPERLY
DEEMED INELIGIBLE BASED ON RESIDENCY. --In ruling a candidate was not qualified
to be elected as a member of the commission from a Georgia Public Service
Commission district because the candidate did not meet the residency
requirements of O.C.G.A. § 46-2-1(b), the Georgia Secretary of State erred in
considering only the homestead exemption rule, O.C.G.A. § 21-2-217(a)(14), and
ignoring the other applicable portions of § 21-2-217(a) to determine the
candidate's residency. Handel v. Powell, 284 Ga. 550, 670 S.E.2d 62 (2008).
SPECIAL ELECTION
COUNTY SCHOOL BOARD
REFERENDUM. --"Special election" encompasses a county school board
referendum. Stiles v. Earnest, 252 Ga. 260, 312 S.E.2d 337 (1984).
Research
References & Practice Aids
CROSS REFERENCES. --
District supervisors; election procedure for elected
supervisors, § 2-6-30. Probate court's authority to perform duties relating to
elections, § 15-9-30.
ADMINISTRATIVE RULES AND
REGULATIONS. --
Calls for primaries and elections, Official Compilation of
the Rules and Regulations of the State of Georgia, Georgia Election Code, Dates
of Primaries and Elections, § 183-1-8-.01.
Definition of
vote, Official Compilation of the Rules and Regulations of the State of
Georgia, Georgia Election Code, Returns of Primaries and Elections, § 183-1-15-.02.
LAW REVIEWS. --
For article, "The Chevron Two-Step in Georgia's
Administrative Law," see 46 Ga. L. Rev. 871 (2012). For article on the
2019 amendment of this Code section, see 36 Ga. St. U.L. Rev. 81 (2019).
OPINIONS OF THE ATTORNEY
GENERAL
ANALYSIS
GENERAL CONSIDERATIONS
ELECTION DISTRICT
HAVING TWO OR MORE
POLLING PLACES WITHIN ONE ELECTION DISTRICT (NOW PRECINCT) IS NOT AUTHORIZED by
the Georgia Election Code. 1968 Op. Att'y Gen. No. 68-63 (decided under former
Code 1933, § 34-101 et seq.).
GENERAL ELECTION
OFFICE CREATED TOO
LATE FOR GENERAL ELECTION. --Where a new elective office is created in a county
too late for candidates to qualify for the general election, they may be voted
upon in a special election. 1970 Op. Att'y Gen. No. U70-120.
NUMBERED LIST OF VOTERS
PERSONS WHO VOTE BY
ABSENTEE BALLOT MUST BE INCLUDED on a "numbered list of voters". 1971
Op. Att'y Gen. No. U71-127.
POLLING PLACE
VOTING FROM
AUTOMOBILE NOT PERMITTED. --The Election Code does not contemplate voting from
automobiles. An elector who is unable to go to the polls should vote by
absentee ballot. 1965-66 Op. Att'y Gen. 66-182.
ESTABLISHMENT OF
POLLING PLACES. --The governing authority of a municipality is not required to
establish a polling place in each district from which a candidate is elected to
office, but must establish a polling place in each precinct in the
municipality. 1985 Op. Att'y Gen. No. U85-14.
POLL OFFICERS
MUNICIPAL OFFICIAL
MAY BE POLL OFFICER. --No provision of the Georgia Election Code prohibits an
elected official of a municipality from serving as a poll officer in a state or
national election. 1976 Op. Att'y Gen. No. U76-13.
RESIDENCE
BUSINESS ADDRESS
DOES NOT FULFILL RESIDENCY REQUIREMENT. --A business address, in and of itself,
does not fulfill residency requirements, and an otherwise qualified elector may
vote in the election district containing the business address only when such district
also contains the residence as defined by the Election Code. 1968 Op. Att'y
Gen. No. 68-293.
Where a person
running for office is required to be a resident of the district from which that
person is running, the person's business address, in and of itself, would not
be sufficient to fulfill the residency requirement. 1968 Op. Att'y Gen. No.
68-293.
PERSON WHO MOVES
AWAY FROM A COUNTY and makes that person's home elsewhere forfeits the right to
vote in that county. 1965-66 Op. Att'y Gen. No. 65-56.
WIFE MAY REGISTER
EVEN THOUGH NOT DOMICILED WITHIN STATE. --A married woman whose husband has his
legal residence in Georgia may register to vote in this state even though she
is not physically domiciled within the state. 1975 Op. Att'y Gen. No.
75-77.
SEPARATE PRECINCTS
EACH WARD SHOULD BE
SEPARATE ELECTION PRECINCT WHERE COUNCILMEN ELECTED BY WARD. --If a
municipality requires that each of its councilmen be elected from a different
ward and the candidates are elected by the electors residing in that ward, each
ward should be a separate election district (now precinct). 1969 Op. Att'y Gen.
No. 69-399.
SPECIAL ELECTION
AN ELECTION TO FILL
THE UNEXPIRED TERM OF AN OFFICE appears to be a "special election"
under O.C.G.A. § 21-2-2(28) (see paragraph (33)) in that it arises outside the
usual routine. 1986 Op. Att'y Gen. No. 86-26.
SPECIAL ELECTION FOR
NEW ELECTIVE OFFICE. --Where a new elective office is created in a county too
late for candidates to qualify for the general election, they may be voted upon
in a special election. 1970 Op. Att'y Gen. No. U70-120.
SPECIAL ELECTION
OCCURS WHEN A SUPERIOR COURT JUDGE HAS DIED, and a successor is to be selected.
1970 Op. Att'y Gen. No. U70-144.
DATE OF THE CALL OF
A SPECIAL ELECTION is the date of its first publication in a newspaper of
appropriate circulation. 1980 Op. Att'y Gen. No. 80-27.
COUNTY SCHOOL BOARD
IS EMPOWERED TO AUTHORIZE CALLING OF A SCHOOL BOND REFERENDUM which the county
election superintendent shall then call by publishing the appropriate notice.
1985 Op. Att'y Gen. No. 85-18.
REGISTRATION FOR
SPECIAL ELECTION. --The Election Code does not provide for special
registration, but rather for general registration from which a list is compiled
to vote in special elections. Therefore, any person who has registered to vote
by the close of the fifth day (excluding Sundays or holidays) after the call of
a bond election is entitled to vote in that election. 1965-66 Op. Att'y Gen.
No. 66-73.
AM. JUR. 2D. --
25 Am. Jur. 2d, Elections, §§ 1, 8, 22, 25, 27, 97, 98, 191
et seq. 26 Am. Jur. 2d, Elections, §§ 218 et seq., 270, 283 et seq., 305, 329,
330, 331. 56 Am. Jur. 2d, Municipal Corporations, Counties, and Other Political
Subdivisions, §§ 1, 128.
Am. Jur. Pleading and Practice
Forms. --
9 Am. Jur. Pleading and Practice Forms, Elections, § 1.
C.J.S. --
29 C.J.S., Elections, §§ 36, 38, 39, 136 et seq., 144, 149
et seq., 177, 193, 258, 260, 305 et seq. 62 C.J.S., Municipal Corporations, § 1
et seq., 269, 403 et seq.
ALR. --
Validity of percentage of vote or similar requirements for
participation by political parties in primary elections, 70 A.L.R.2d 1162.
Validity of
write-in vote where candidate's surname only is written in on ballot, 86
A.L.R.2d 1025.
Residence or
domicil of student or teacher for purpose of voting, 98 A.L.R.2d 488; 44
A.L.R.3d 797.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-6
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 1. GENERAL PROVISIONS
§ 21-2-6. Qualifications of candidates for county and
municipal office; determination of qualifications
(a) Every candidate for county office
who is certified by the county executive committee of a political party or who
files a notice of candidacy, and every candidate for municipal office who is
certified by a municipal executive committee of a political party or who files
a notice of candidacy, shall meet the constitutional and statutory
qualifications for holding the office being sought.
(b) The superintendent upon his or her
own motion may challenge the qualifications of any candidate referred to in
subsection (a) of this Code section at any time prior to the election of such
candidate. Within two weeks after the deadline for qualifying, any elector who
is eligible to vote for any such candidate may challenge the qualifications of
the candidate by filing a written complaint with the superintendent giving the
reasons why the elector believes the candidate is not qualified to seek and
hold the public office for which the candidate is offering. Upon his or her own
motion or upon a challenge being filed, the superintendent shall notify the
candidate in writing that his or her qualifications are being challenged and
the reasons therefor and shall advise the candidate that he or she is setting a
hearing on the matter and shall inform the candidate of the date, time, and
place of the hearing.
(c) The superintendent shall determine
if the candidate is qualified to seek and hold the public office for which such
candidate is offering. If the superintendent determines that the candidate is
not qualified, the superintendent shall withhold the name of the candidate from
the ballot or strike such candidate's name from the ballot if the ballots have
been printed. If there is insufficient time to strike the candidate's name or
reprint the ballots, a prominent notice shall be placed at each affected
polling place advising voters of the disqualification of the candidate and all
votes cast for such candidate shall be void and shall not be counted.
(d) In the event that a candidate pays
his or her qualifying fee with a check that is subsequently returned for
insufficient funds, the superintendent shall automatically find that such
candidate has not met the qualifications for holding the office being sought,
unless the bank, credit union, or other financial institution returning the
check certifies in writing by an officer's or director's oath that the bank,
credit union, or financial institution erred in returning the check.
(e) The elector filing the challenge or the candidate challenged
shall have the right to appeal the decision of the superintendent by filing a
petition in the superior court of the county in which the candidate resides
within ten days after the entry of the final decision by the superintendent.
The filing of the petition shall not itself stay the decision of the
superintendent; however, the reviewing court may order a stay upon appropriate
terms for good cause shown. As soon as possible after service of the petition,
the superintendent shall transmit the original or a certified copy of the
entire record of the proceedings under review to the reviewing court. The
review shall be conducted by the court without a jury and shall be confined to
the record. The court shall not substitute its judgment for that of the
superintendent as to the weight of the evidence on questions of fact. The court
may affirm the decision or remand the case for further proceedings. The court
may reverse or modify the decision if substantial rights of the appellant have
been prejudiced because the findings, inferences, conclusions, or decisions of
the superintendent are:
(1) In violation of the Constitution or
laws of this state;
(2) In excess of the statutory authority
of the superintendent;
(3) Made upon unlawful procedures;
(4) Affected by other error of law;
(5) Clearly erroneous in view of the
reliable, probative, and substantial evidence on the whole record; or
(6) Arbitrary or capricious or
characterized by an abuse of discretion or a clearly unwarranted exercise of
discretion.
An aggrieved party may obtain a review of any
final judgment of the superior court by the Court of Appeals or the Supreme
Court, as provided by law.
Code
1933, § 34-406, enacted by Ga. L. 1980, p. 312, § 2; Ga. L. 1983, p. 884, §
6-3; Ga. L. 1986, p. 32, § 1; Ga. L. 1987, p. 1360, § 2; Ga. L. 1989, p. 900, §
2; Ga. L. 1993, p. 617, § 2; Ga. L. 1998, p. 295, § 1; Ga. L. 2001, p. 230, §
1.
JUDICIAL DECISIONS
REVIEWING COURT TO
CONSIDER FACTORS BEFORE SUPERINTENDENT. --Superior court, by relying upon 10
U.S.C. § 973, exceeded its authority as a reviewing court, since that section
is not part of the Hatch Act, U.S.C. § 7324 et seq., which was one of the
grounds for the complaint, and was not relied upon when the case was before the
superintendent of elections. Jolley v. Grantham, 206 Ga. App. 100, 424 S.E.2d
362 (1992), overruled on other grounds, Hogan v. State, 316 Ga. App. 708, 730
S.E.2d 178 (2012).
County residents'
challenge to a school board candidate's residency qualification under O.C.G.A.
§ 45-2-1(1) and Ga. Const. 1983, Art. VIII, Sec. V, Para. II, was barred by res
judicata because another challenger had raised the same challenge, and the
challenge had been resolved against the challenger by the county's board of
elections. Lilly v. Heard, 295 Ga. 399, 761 S.E.2d 46 (2014).
APPEAL OF ELECTION
DISPUTE MOOT. --Where a candidate did not protect the candidate's rights and
resolve an election dispute prior to an election and delayed in filing an
appeal by an elections superintendent in favor of an incumbent until after the
election was over, the candidate's appeal was moot. Jordan v. Cook, 277 Ga.
155, 587 S.E.2d 52 (2003).
Research
References & Practice Aids
CROSS REFERENCES. --
Persons not eligible to hold office, Ga. Const. 1983, Art.
II, Sec. II, Para. III. County officers, Ga. Const. 1983, Art. IX, Sec. I,
Para. III. Appointment of county school superintendents, § 20-2-101.
Eligibility and qualifications of persons for public office generally, T. 45,
C. 2. Qualification of candidates for office; time period during which bank,
credit union, or other financial institution may certify error in returning
check, Official Compilation of the Rules and Regulations of the State of Georgia,
Georgia Election Code, Nomination of Candidates, § 183-1-10-.01.
LAW REVIEWS. --
For article, "Local Government Law," see 53 Mercer
L. Rev. 389 (2001).
For note on the
2001 amendment to this Code section, see 18 Ga. St. U. L. Rev. 114 (2001).
ALR. --
Constitutionality of candidate participation provisions for
primary elections, 121 A.L.R.5th 1.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-4.1
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 1. GENERAL PROVISIONS
§ 21-2-4.1. Continuation in office, dismissal, or
appointment of members of constitutional or statutory boards or bodies for
which membership based on residency within congressional district
Repealed
by Ga. L. 2011, Ex. Sess., p. 208, § 6/HB 20EX, effective September 6, 2011.
EDITOR'S NOTES. --
This Code section was based on Code 1933, § 34-1803, enacted by Ga. L. 1981, Ex. Sess., p. 131, § 1; Code 1981, § 21-2-4.1, enacted by Ga. L. 1981, Ex. Sess., p. 131, § 2; Ga. L. 1990, p. 1903, § 6; Ga. L. 1996, p. 229, § 1; Ga. L. 1998, p. 295, § 1.
Ga. L. 2011, Ex. Sess., p. 208, § 1/HB 20EX, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Georgia Congressional Reapportionment Act of 2011.'"
Research References & Practice Aids
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-5
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 1. GENERAL PROVISIONS
§ 21-2-5. Qualifications of candidates for federal and state
office; determination of qualifications
(a) Every candidate for federal and
state office who is certified by the state executive committee of a political
party or who files a notice of candidacy shall meet the constitutional and
statutory qualifications for holding the office being sought.
(b) The Secretary of State upon his or
her own motion may challenge the qualifications of any candidate at any time
prior to the election of such candidate. Within two weeks after the deadline
for qualifying, any elector who is eligible to vote for a candidate may
challenge the qualifications of the candidate by filing a written complaint
with the Secretary of State giving the reasons why the elector believes the
candidate is not qualified to seek and hold the public office for which he or
she is offering. Upon his or her own motion or upon a challenge being filed,
the Secretary of State shall notify the candidate in writing that his or her
qualifications are being challenged and the reasons therefor and shall advise
the candidate that he or she is requesting a hearing on the matter before an
administrative law judge of the Office of State Administrative Hearings
pursuant to Article 2 of Chapter 13 of Title 50 and shall inform the candidate
of the date, time, and place of the hearing when such information becomes available.
The administrative law judge shall report his or her findings to the Secretary
of State.
(c) The Secretary of State shall
determine if the candidate is qualified to seek and hold the public office for
which such candidate is offering. If the Secretary of State determines that the
candidate is not qualified, the Secretary of State shall withhold the name of
the candidate from the ballot or strike such candidate's name from the ballot
if the ballots have been printed. If there is insufficient time to strike the
candidate's name or reprint the ballots, a prominent notice shall be placed at
each affected polling place advising voters of the disqualification of the
candidate and all votes cast for such candidate shall be void and shall not be
counted.
(d) In the event that a candidate pays
his or her qualifying fee with a check that is subsequently returned for
insufficient funds, the Secretary of State shall automatically find that such
candidate has not met the qualifications for holding the office being sought,
unless the bank, credit union, or other financial institution returning the
check certifies in writing by an officer's or director's oath that the bank,
credit union, or financial institution erred in returning the check.
(e) The elector filing the challenge or
the candidate challenged shall have the right to appeal the decision of the
Secretary of State by filing a petition in the Superior Court of Fulton County
within ten days after the entry of the final decision by the Secretary of
State. The filing of the petition shall not itself stay the decision of the
Secretary of State; however, the reviewing court may order a stay upon
appropriate terms for good cause shown. As soon as possible after service of
the petition, the Secretary of State shall transmit the original or a certified
copy of the entire record of the proceedings under review to the reviewing
court. The review shall be conducted by the court without a jury and shall be
confined to the record. The court shall not substitute its judgment for that of
the Secretary of State as to the weight of the evidence on questions of fact.
The court may affirm the decision or remand the case for further proceedings.
The court may reverse or modify the decision if substantial rights of the
appellant have been prejudiced because the findings, inferences, conclusions,
or decisions of the Secretary of State are:
(1) In violation of the Constitution or
laws of this state;
(2) In excess of the statutory authority
of the Secretary of State;
(3) Made upon unlawful procedures;
(4) Affected by other error of law;
(5) Clearly erroneous in view of the
reliable, probative, and substantial evidence on the whole record; or
(6) Arbitrary or capricious or
characterized by an abuse of discretion or a clearly unwarranted exercise of
discretion.
An aggrieved party may obtain a review of any
final judgment of the superior court by the Court of Appeals or the Supreme
Court, as provided by law.
Code
1933, § 34-304, enacted by Ga. L. 1980, p. 312, § 1; Ga. L. 1983, p. 884, §
6-1; Ga. L. 1984, p. 636, § 1; Ga. L. 1985, p. 496, § 1; Ga. L. 1986, p. 32, §
1; Ga. L. 1987, p. 1360, § 1; Ga. L. 1989, p. 900, § 1; Ga. L. 1993, p. 617, §
1; Ga. L. 1997, p. 590, § 2; Ga. L. 1998, p. 145, § 1; Ga. L. 1998, p. 295, §
1; Ga. L. 1999, p. 21, § 1; Ga. L. 1999, p. 52, § 1.
EDITOR'S NOTES. --
In light of the similarity of the provisions, decisions
under former Code Section 21-3-3 are included in the annotations for this Code
section.
JUDICIAL DECISIONS
EDITOR'S NOTES. --In
light of the similarity of the statutory provisions, decisions under former
Code Section 21-3-3 are included in the annotations for this Code section.
ELIGIBLE ELECTOR.
--One who is not a resident of the city is not an eligible "elector"
thereof. Radcliff v. Dingle, 255 Ga. 252, 336 S.E.2d 789 (1985) (decided under
former § 21-3-3).
CANDIDATE IMPROPERLY
DEEMED INELIGIBLE. --In ruling a candidate was not qualified to be elected as a
member of the commission from a Georgia Public Service Commission district
because the candidate did not meet the residency requirements of O.C.G.A. §
46-2-1(b), the Georgia Secretary of State erred in considering only the
homestead exemption rule, O.C.G.A. § 21-2-217(a)(14), and ignoring the other
applicable portions of § 21-2-217(a) to determine the candidate's residency.
Handel v. Powell, 284 Ga. 550, 670 S.E.2d 62 (2008).
CANDIDATE WAS
RESIDENT OF DISTRICT. --Although a candidate for membership in the commission
from a Georgia Public Service Commission district owned property outside the
district on which the candidate held a homestead exemption until a month before
the Georgia Secretary of State filed a challenge under O.C.G.A. § 21-2-5, the
candidate was a resident of the district for purposes of O.C.G.A. § 46-2-1(b).
The candidate spent the most of the candidate's time in the district, was
registered to vote there, paid taxes there, and registered automobiles there.
Handel v. Powell, 284 Ga. 550, 670 S.E.2d 62 (2008).
Research
References & Practice Aids
CROSS REFERENCES. --
Persons not eligible to hold office, Ga. Const. 1983, Art.
II, Sec. II, Para. III. Restriction on eligibility of commissioner of
transportation for state or federal elective office, § 32-2-40. Eligibility of
commissioner of veterans service for state or federal elective office, §
38-4-6. Eligibility and qualifications of persons for public office generally,
T. 45, C. 2. Qualification of candidates for office; time period during which
bank, credit union, or other financial institution may certify error in
returning check, Official Compilation of the Rules and Regulations of the State
of Georgia, Georgia Election Code, Nomination of Candidates, § 183-1-10-.01.
OPINIONS OF THE ATTORNEY
GENERAL
REGISTERING TO VOTE
AFTER QUALIFYING FOR OFFICE. --A candidate who registers to vote only after
qualification for office and the closing of the qualification process is not
legally qualified to run for office. 1992 Op. Att'y Gen. No. U92-14 (decided
under former § 21-3-3).
ALR. --
Constitutionality of candidate participation provisions for
primary elections, 121 A.L.R.5th 1.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-7
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 1. GENERAL PROVISIONS
§ 21-2-7. Eligibility of subversive persons for nomination
or election to public office
No
person who has been adjudged a "subversive person," as defined in
Part 2 of Article 1 of Chapter 11 of Title 16, the "Sedition and
Subversive Activities Act of 1953," shall be nominated or elected in
accordance with this chapter.
Code 1933, § 34-106, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1998, p. 295, § 1.
Research References & Practice Aids
CROSS REFERENCES. --
Persons not eligible to hold office, Ga. Const. 1983, Art. II, Sec. II, Para. III. Ineligibility of subversive persons to hold office or position in government, § 16-11-12. Eligibility and qualifications of persons for public office generally, T. 45, C. 2. Loyalty oath for state officers and employees, § 45-3-11 et seq.
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, § 250 et seq. 70 Am. Jur. 2d, Sedition, Subversive Activities, and Treason, § 2 et seq.
C.J.S. --
29 C.J.S., Elections, §§ 234, 235.
ALR. --
Validity of legislation directed against political, social, or industrial propaganda deemed to be of a dangerous tendency, 73 A.L.R. 1494.
Political principles or affiliations as ground for refusal of government officials to file certificate of nomination or take other steps necessary to representation of party or candidate upon official ticket, 130 A.L.R. 1471.
Hierarchy Notes:
Title Note
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OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-8
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 1. GENERAL PROVISIONS
§ 21-2-8. Eligibility for party nomination, public office,
or performance of certain official acts of persons convicted and sentenced
forcertain crimes; illegally holding any public funds; effect of
disqualification of superintendent
No
person shall be eligible for party nomination for or election to public office,
nor shall he or she perform any official acts or duties as a superintendent,
registrar, deputy registrar, poll officer, or party officer, as set forth in
this chapter, in connection with any election or primary held under this
chapter, if under the laws of this state, any other state, or the United States
he or she has been convicted and sentenced, in any court of competent
jurisdiction, for fraudulent violation of primary or election laws, malfeasance
in office, or felony involving moral turpitude, unless such person's civil
rights have been restored and at least ten years have elapsed from the date of
the completion of the sentence without a subsequent conviction of another felony
involving moral turpitude. Additionally, the person shall not be holding
illegally any public funds. In the event of the disqualification of the
superintendent as described in this Code section, the clerk of the superior
court shall act in his or her stead. Notwithstanding the above, the governing
authority of a municipality shall appoint an individual to serve as
superintendent for municipal elections or municipal primaries in the event of
the disqualification of the municipal superintendent, unless the municipality
has contracted with a county government for the provision of election services,
in which event the clerk of the superior court shall act in place of a
disqualified superintendent.
Code 1933, § 34-107, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1983, p. 930, § 2; Ga. L. 1998, p. 295, § 1; Ga. L. 2001, p. 240, § 1; Ga. L. 2005, p. 253, § 3/HB 244.
EDITOR'S NOTES. --
Ga. L. 1983, p. 930, § 1, not codified by the General Assembly, provided: "It is the intent of this Act to implement certain changes required by Article II, Section I, Paragraph III and Article II, Section II, Paragraph III of the Constitution of the State of Georgia."
JUDICIAL DECISIONS
CITED in Hutto v. Rowland, 226 Ga. 889, 178 S.E.2d 180 (1970); Ingram v. Lott, 238 Ga. 513, 233 S.E.2d 770 (1977).
Research References & Practice Aids
CROSS REFERENCES. --
Persons not eligible to hold office, Ga. Const. 1983, Art. II, Sec. II, Para. III. Eligibility and qualifications of persons for public office generally, T. 45, C. 2. Vacating of state office upon conviction of officer for felony, § 45-5-2 and Ga. Const. 1983, Art. II, Sec. III.
OPINIONS OF THE ATTORNEY GENERAL
EFFECT OF INDICTMENT. --Indictment alone would not disqualify person as candidate for public office. 1968 Op. Att'y Gen. No. 68-102.
PRIVACY ACT OF 1974 (PUB. L. 93-579) DOES NOT ALTER the powers conferred or obligations imposed by Ga. L. 1964, Ex. Sess., p. 26, § 1 (see now O.C.G.A. § 21-2-8). 1976 Op. Att'y Gen. No. 76-6.
MINIMIZATION OF PRIVACY INVASIONS. --The command of the Georgia Crime Information Center Act, Ga. L. 1973, p. 1301, to minimize invasions of privacy requires that disseminations of criminal history records to the State Election Board be limited to records of conviction of one of the classes of offenses enumerated in Ga. L. 1964, Ex. Sess., p. 26, § 1 (see now O.C.G.A. § 21-2-8). 1975 Op. Att'y Gen. No. 75-144.
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, § 250 et seq.
C.J.S. --
29 C.J.S., Elections, §§ 234, 235.
ALR. --
Violation of liquor law as infamous crime or offense involving moral turpitude, 40 A.L.R. 1048; 71 A.L.R. 217.
Pardon as restoring public office or license or eligibility therefor, 58 A.L.R.3d 1191.
Hierarchy Notes:
Title Note
Hierarchy Notes:
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Hierarchy Notes:
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OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-9
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 1. GENERAL PROVISIONS
§ 21-2-9. Date of election for offices
(a) The Governor, Lieutenant Governor,
Secretary of State, Attorney General, State School Superintendent, Commissioner
of Insurance, Commissioner of Agriculture, Commissioner of Labor, members of
Congress, district attorneys, members of the General Assembly, and county
officers not elected pursuant to Code Section 21-2-139 shall be elected in the
November election next preceding the expiration of the term of office.
(b) Justices of the Supreme Court,
Judges of the Court of Appeals, judges of the superior courts, and county
judicial officers, offices of local school boards, and nonpartisan offices
elected pursuant to Code Section 21-2-139 shall be elected in the nonpartisan
general election next preceding the expiration of the term of office.
(c) All general municipal elections to
fill municipal offices shall be held on the Tuesday next following the first
Monday in November in each odd-numbered year. Public notice of such elections
shall be published by the governing authority of the municipality in a newspaper
of general circulation in the municipality at least 30 days prior to the
elections. In addition, the municipality shall immediately transmit a copy of
such notice to the Secretary of State.
(d) Whenever a municipal general primary
or election is held in conjunction with the general primary or November general
election in even-numbered years, the time specified for the closing of the
registration list, the time within which candidates must qualify for the
municipal primary or election, and the time specified for the holding of any
runoff necessary shall be the same as specified for general elections.
Orig.
Code 1863, §§ 1245, 1265, 1266, 1267, 1268, 1270, 1274; Code 1868, §§ 1326,
1346, 1347, 1348, 1349, 1351, 1355; Ga. L. 1869, p. 22, §§ 1, 2; Ga. L. 1872,
p. 29, § 2; Ga. L. 1872, p. 80, § 8; Code 1873, §§ 1305, 1319, 1320, 1321,
1323, 1327; Code 1882, §§ 1305, 1319, 1320, 1321, 1323, 1327; Ga. L. 1894, p.
40, § 1; Civil Code 1895, §§ 83, 97, 98, 99, 101, 105; Ga. L. 1898, p. 42, § 1;
Ga. L. 1898, p. 43, § 1; Civil Code 1910, §§ 97, 111, 112, 113, 115, 119; Ga.
L. 1913, p. 135, § 1; Ga. L. 1914, p. 47, § 1; Code 1933, §§ 34-2302, 34-2401,
34-2602, 34-2603, 34-2701, 34-2705; Ga. L. 1957, p. 102, § 1; Ga. L. 1957, p.
117, § 1; Code 1933, § 34-802, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1;
Ga. L. 1978, p. 1004, § 15; Ga. L. 1983, p. 884, § 6-3; Ga. L. 1986, p. 855, §
3; Ga. L. 1998, p. 295, § 1; Ga. L.
2005, p. 253, § 4/HB 244; Ga. L. 2008,
p. 817, § 1/HB 1098; Ga. L. 2012, p.
995, § 1/SB 92.
JUDICIAL DECISIONS
AN ELECTION IS
ABSOLUTELY VOID WHEN NOT HELD AT PROPER TIME and place by persons qualified to
hold it. Smiley v. Gaskin, 115 Ga. App. 547, 154 S.E.2d 740 (1967).
ELECTION OF JUSTICES
OF THE PEACE (NOW MAGISTRATES) AND CONSTABLES was a general state election.
Rose v. State, 107 Ga. 697, 33 S.E. 439 (1899).
QUO WARRANTO DENIED
CHALLENGING APPOINTMENT OF JUDGES. --Trial court's denial of the challenger's
petition for a writ of quo warranto was affirmed because the newly created
positions on the Georgia Court of Appeals qualified as vacancies under Ga.
Const. 1983, Art. VI, Sec. VII, Para. III; thus, the governor had the authority
to appoint judges to the vacancies created by amended O.C.G.A. § 15-3-1(a).
Clark v. Deal, 298 Ga. 893, 785 S.E.2d 524 (2016).
Research
References & Practice Aids
OPINIONS OF THE ATTORNEY
GENERAL
REELECTION OF
SUPREME COURT JUSTICE APPOINTED TO FILL VACANCY. --When the Governor appoints
to fill a vacancy on the Supreme Court, the appointee must stand for reelection
in the nonpartisan judicial primary and also during the next general election
in November, which is more than six months after his or her appointment. 1992
Op. Att'y Gen. No. U92-7.
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, § 303.
C.J.S. --
29 C.J.S., Elections, § 144 et seq.
Hierarchy Notes:
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OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-10
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 1. GENERAL PROVISIONS
§ 21-2-10. Election of presidential electors
At
the November election to be held in the year 1964 and every fourth year
thereafter, there shall be elected by the electors of this state persons to be
known as electors of President and Vice President of the United States and referred
to in this chapter as presidential electors, equal in number to the whole
number of senators and representatives to which this state may be entitled in
the Congress of the United States.
Laws 1824, Cobb's 1851 Digest, p. 235; Code 1863, § 1251; Code 1868, § 1332; Code 1873, § 1311; Code 1882, § 1311; Civil Code 1895, § 89; Civil Code 1910, § 103; Code 1933, § 34-2501; Ga. L. 1958, p. 208, §§ 1, 3; Code 1933, § 34-1601, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1982, p. 3, § 21; Ga. L. 1993, p. 118, § 1; Ga. L. 1998, p. 295, § 1.
JUDICIAL DECISIONS
ELECTION OF PRESIDENTIAL ELECTORS IS A GENERAL ELECTION. Moore v. Smith, 140 Ga. 854, 79 S.E. 1116 (1913).
Research References & Practice Aids
AM. JUR. 2D. --
25 Am. Jur. 2d, Elections, § 6.
ALR. --
Presidential and vice-presidential electors, 153 A.L.R. 1066.
Hierarchy Notes:
Title Note
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OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-11
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 1. GENERAL PROVISIONS
§ 21-2-11. Performance of duties by presidential electors
The
presidential electors chosen pursuant to Code Section 21-2-10 shall assemble at
the seat of government of this state at 12:00 Noon of the day which is, or may
be, directed by the Congress of the United States and shall then and there
perform the duties required of them by the Constitution and laws of the United
States.
Orig. Code 1863, § 1252; Code 1868, § 1333; Code 1873, § 1312; Ga. L. 1880-81, p. 67, § 1; Code 1882, § 1312; Ga. L. 1888, p. 33, § 1; Civil Code 1895, § 90; Civil Code 1910, § 104; Code 1933, § 34-2502; Code 1933, § 34-1602, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1998, p. 295, § 1.
Research References & Practice Aids
LAW REVIEWS. --
For survey article on zoning and land use law, see 60 Mercer L. Rev. 457 (2008).
Hierarchy Notes:
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OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-12
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 1. GENERAL PROVISIONS
§ 21-2-12. Procedure for filling presidential elector
vacancies
If
any such presidential elector shall die, or for any cause fail to attend at the
seat of government at the time appointed by law, the presidential electors
present shall proceed to choose by voice vote a person of the same political
party or body, if any, as such deceased or absent presidential elector, to fill
the vacancy occasioned thereby; and immediately after such choice the name of
the person so chosen shall be transmitted by the presiding officer of the
college to the Governor, who shall immediately cause notice of his or her
election in writing to be given to such person. The person so elected, and not
the person in whose place he or she shall have been chosen, shall be a
presidential elector and shall, with the other presidential electors, perform
the duties required of them by the Constitution and laws of the United States.
Laws 1824, Cobb's 1851 Digest, p. 240; Code 1863, § 1253; Code 1868, § 1334; Code 1873, § 1313; Code 1882, § 1313; Civil Code 1895, § 91; Civil Code 1910, § 105; Code 1933, § 34-2503; Code 1933, § 34-1603, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1998, p. 295, § 1.
Research References & Practice Aids
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OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-13
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 1. GENERAL PROVISIONS
§ 21-2-13. Compensation of presidential electors; payment of
expenses of electoral college
Each
presidential elector shall receive from the state treasury the sum of $50.00
for every day spent in traveling to, remaining at, and returning from the place
of meeting and shall be entitled to mileage at the rate of 10 cent(s) per mile
to and from his or her home. The reasonable expenses of the electoral college
shall likewise be paid by the state treasurer, in both cases upon warrants
drawn by the presiding officer of the college.
Orig. Code 1863, § 1257; Code 1868, § 1338; Code 1873, § 1317; Code 1882, § 1317; Ga. L. 1882-83, p. 54, § 1; Civil Code 1895, § 95; Civil Code 1910, § 109; Code 1933, § 34-2507; Code 1933, § 34-1604, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1993, p. 1402, § 18; Ga. L. 1998, p. 295, § 1; Ga. L. 2010, p. 863, § 3/SB 296.
Research References & Practice Aids
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OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-14
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 1. GENERAL PROVISIONS
§ 21-2-14. Computation of time as to exercise of privilege
or discharge of duty under chapter
Unless
otherwise stated in a specific Code section of this chapter, time periods under
this chapter include Saturdays, Sundays, and legal holidays. When the last day
for the exercise of any privilege or the discharge of any duty prescribed or
required by this chapter shall fall on a Saturday, Sunday, or legal holiday,
the next succeeding business day shall be the last day for the exercise of such
privilege or the discharge of such duty.
Code 1933, § 34-105, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1969, p. 329, § 1; Ga. L. 1997, p. 590, § 3; Ga. L. 1998, p. 295, § 1; Ga. L. 1999, p. 52, § 2.
JUDICIAL DECISIONS
EDITOR'S NOTES. --In light of the similarity of the provisions, decisions under former Code 1933, § 34-1011 are included in the annotations for this Code section.
TIME EXTENSIONS IN CIVIL ACTIONS NOT INCORPORATED. --The election statute was not intended to incorporate the time extensions permitted under former Code 1933, § 81A-106 (see now O.C.G.A. § 9-11-6). Johnson v. Fortson, 237 Ga. 367, 227 S.E.2d 392 (1976) (decided under former Code 1933, § 34-1011).
Research References & Practice Aids
CROSS REFERENCES. --
Computation of time generally, §§ 1-3-1, 9-11-6.
OPINIONS OF THE ATTORNEY GENERAL
ELECTIONS HELD ON SATURDAY. --This section extends the closing date for registration and qualification of candidates until the next succeeding business day if the last day falls on a Saturday, but that section does not affect elections which might be held on Saturday. 1969 Op. Att'y Gen. No. 69-455.
IF REQUIRED BY CITY CHARTER, A MUNICIPAL ELECTION SHOULD BE HELD ON A LEGAL HOLIDAY. 1975 Op. Att'y Gen. No. U75-86.
ALR. --
Validity, construction, and effect of "Sunday Closing" or "Blue" Laws, 10 A.L.R.4th 246.
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OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-15
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 1. GENERAL PROVISIONS
§ 21-2-15. Applicability of chapter
This
chapter shall apply to any general or special election in this state to fill
any federal, state, county, or municipal office, to any general or special
primary to nominate candidates for any such office, and to any federal, state,
county, or municipal election or primary for any other purpose whatsoever,
unless otherwise provided.
Code 1933, § 34-102, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1998, p. 295, § 1.
JUDICIAL DECISIONS
GROUND FOR CONTEST APPLICABLE IN MUNICIPAL ELECTION. --Although the Georgia Election Code was not applicable by its terms to municipal elections, in the absence of any statutory grounds for contest in the Georgia Municipal Election Code, the ground for contest in former Code 1933, § 34-1703 (see now O.C.G.A. § 21-2-522(c)) was a good ground of contest in a municipal election. Davidson v. Bryan, 242 Ga. 282, 248 S.E.2d 657 (1978).
CITED in Jones v. Fortson, 223 Ga. 7, 152 S.E.2d 847 (1967); Campbell v. Hunt, 115 Ga. App. 682, 155 S.E.2d 682 (1967); Hollifield v. Vickers, 118 Ga. App. 229, 162 S.E.2d 905 (1968); League of Women Voters v. Board of Elections, 237 Ga. 40, 227 S.E.2d 225 (1976); Jarnagin v. Harris, 138 Ga. App. 318, 226 S.E.2d 108 (1976); Dolvin v. Town of Siloam, 246 Ga. 131, 269 S.E.2d 23 (1980).
Research References & Practice Aids
OPINIONS OF THE ATTORNEY GENERAL
APPLICABILITY TO CITY ELECTIONS. --The provisions of the Election Code relating to the "nomination of candidates" shall apply to city elections, except where the provisions of the charter differ from the code. 1967 Op. Att'y Gen. No. 67-239.
HOSPITAL OR SCHOOL BOND ELECTIONS. --Law, which made it a misdemeanor to sell intoxicating beverages on election days, applied to school or hospital bond elections. 1965-66 Op. Att'y Gen. No. 65-17.
ELECTION CODE PROVISIONS NOT LIMITED BY MALT BEVERAGE REGULATIONS. --Malt beverage regulations may not be modified so as to permit the sale of malt beverages after the hours of the election, or changed to limit the prohibition on election days only with respect to state-wide elections, such as a general election or a state-wide primary. 1965-66 Op. Att'y Gen. No. 66-13.
"ELECTION DAY" CONSTRUED. --The term "election day", as used in the Constitution, has been construed by the Supreme Court of this state as encompassing a period of time from midnight preceding the opening of the polls until midnight succeeding the closing of the polls. 1965-66 Op. Att'y Gen. No. 66-13.
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OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-17
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 1. GENERAL PROVISIONS
§ 21-2-17. Designation of candidate's chief deputy clerk in
elections for clerk of state court of certain counties
(a) This Code section shall apply only
to counties with a population of 425,000 or more according to the United States
decennial census of 1990 or any future such census.
(b) When a candidate for election to
clerk of the state court of a county is required by law at any time before
election to name the person whom such candidate will appoint as chief deputy if
elected to office, the ballot for office shall include, below the name of the
candidate, the name of each candidate's designated chief deputy, labeled as
such.
(c) This Code section shall not be
construed to require any action to fill a vacancy in the position of chief
deputy of clerk of the state court of a county.
Code
1981, § 21-2-17, enacted by Ga. L. 1992, p. 2590, § 1; Ga. L. 1998, p. 295, §
1.
Research
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OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-16
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 1. GENERAL PROVISIONS
§ 21-2-16. Construction of chapter
The
provisions of this chapter, so far as they are the same as those of existing
laws, are intended as a continuation of such laws and not as new enactments.
Unless otherwise provided in this chapter, this chapter shall repeal any
conflicting provision or provisions of any municipal act in conflict with this
chapter. The repeal by this chapter of any Act of the General Assembly or any
municipal corporation, or part thereof, shall not revive any Act, or part
thereof, heretofore repealed or superseded. This chapter shall not affect any
act done, liability or penalty incurred, right accrued or vested, or nomination
made prior to the taking effect of this chapter; nor shall they affect any
action or prosecution then pending or to be instituted, to enforce any right or
penalty then accrued or to punish any offense theretofore committed.
Code 1933, § 34-104, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1998, p. 295, § 1.
JUDICIAL DECISIONS
CITED in Hutto v. Rowland, 226 Ga. 889, 178 S.E.2d 180 (1970).
Research References & Practice Aids
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OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. TITLE 21 Chapter 2 Article 2 Part 1 Subpart 1
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 2. SUPERVISORY BOARDS AND OFFICERS > PART 1. STATE ELECTION BOARD, COUNTY BOARD OF ELECTIONS, AND COUNTY BOARD OF ELECTIONS AND REGISTRATION > SUBPART 1. STATE ELECTION BOARD
TITLE 21 Chapter 2 Article 2 Part 1 Subpart 1 NOTE
EDITOR'S NOTES. --
In light of the similarity of the statutory provisions, decisions under former Code 1933, § 34A-110 and former Code Section 21-3-7 are included in the annotations for Subpart 1.
JUDICIAL DECISIONS
DUTY OF BOARD TO BE KNOWLEDGEABLE. --The decision whether to exercise the right to intervene in municipal election contests requires that the State Election Board be aware of the nature of the proceedings and of problems encountered in elections and election contests in order that it may properly perform its duties. Lyde v. City of Brunswick, 241 Ga. 554, 246 S.E.2d 673 (1978) (decided under former Code 1933, § 34A-110).
PETITION SEEKING MANDAMUS REQUIRING OFFICIALS TO ADMINISTER OATH TO ELECTED CANDIDATES. --A petition seeking mandamus requiring city officials to administer the oath of office to persons who claim to have been elected as write-in candidates in a municipal election requires notice to the State Election Board, and the omission of the required notice constitutes a fatal defect. Lucken v. Falligant, 243 Ga. 816, 256 S.E.2d 788 (1979) (decided under former Code 1933, § 34A-110).
CITED in Collins v. Williams, 237 Ga. 576, 229 S.E.2d 388 (1976); Malone v. Tison, 248 Ga. 209, 282 S.E.2d 84 (1981).
Research References & Practice Aids
SUBPART NOTES
ADMINISTRATIVE RULES AND REGULATIONS. --Registration of electors, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Election Code, State Election Board, Chapter 183-1-6.
Ballots, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Election Code, State Election Board, Chapter 183-1-11.
Voting machines and voting recorders, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Election Code, State Election Board, Chapter 183-1-12.
ALR. --
Power to enjoin holding of an election, 33 A.L.R. 1376; 70 A.L.R. 733.
Power to enjoin canvassing votes and declaring result of election, 1 A.L.R.2d 588.
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OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. TITLE 21 Chapter 2 Article 2
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 2. SUPERVISORY BOARDS AND OFFICERS
TITLE 21 Chapter 2 Article 2 NOTE
Research References & Practice Aids
ALR. --
Result of election as affected by lack of title or by defective title of election officers, 1 A.L.R. 1535.
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OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-30
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 2. SUPERVISORY BOARDS AND OFFICERS > PART 1. STATE ELECTION BOARD, COUNTY BOARD
OF ELECTIONS, AND COUNTY BOARD OF ELECTIONS AND REGISTRATION > SUBPART 1. STATE ELECTION BOARD
§ 21-2-30. Creation; composition; terms of service;
vacancies; quorum; seal and bylaws; meetings
(a) There is created a state board to be
known as the State Election Board, to be composed of the Secretary of State, an
elector to be elected by a majority vote of the Senate of the General Assembly
at its regular session held in each odd-numbered year, an elector to be elected
by a majority vote of the House of Representatives of the General Assembly at
its regular session held in each odd-numbered year, and a member of each
political party to be nominated and appointed in the manner provided in this
Code section. No person while a member of the General Assembly shall serve as a
member of the board.
(b) A member elected by a house of the
General Assembly shall take office on the day following the adjournment of the
regular session in which elected and shall serve for a term of two years and
until his or her successor is elected and qualified, unless sooner removed. An
elected member of the board may be removed at any time by a majority vote of
the house which elected him or her. In the event a vacancy should occur in the
office of such a member of the board at a time when the General Assembly is not
in session, then the President of the Senate shall thereupon appoint an elector
to fill the vacancy if the prior incumbent of such office was elected by the
Senate or appointed by the President of the Senate; and the Speaker of the
House of Representatives shall thereupon appoint an elector to fill the vacancy
if the prior incumbent of such office was elected by the House of
Representatives or appointed by the Speaker of the House of Representatives. A
member appointed to fill a vacancy may be removed at any time by a majority
vote of the house whose presiding officer appointed him or her.
(c) Within 30 days after April 3, 1968,
the state executive committee of each political party shall nominate a member
of its party to serve as a member of the State Election Board and, thereupon,
the Governor shall appoint such nominee as a member of the board to serve for a
term of two years from the date of the appointment and until his or her
successor is elected and qualified, unless sooner removed. Thereafter, such state
executive committee shall select a nominee for such office on the board within
30 days after a vacancy occurs in such office and shall also select a nominee
at least 30 days prior to the expiration of the term of each incumbent
nominated by it; and each such nominee shall be immediately appointed by the
Governor as a member of the board to serve for the unexpired term in the case
of a vacancy, and for a term of two years in the case of an expired term. Each
successor, other than one appointed to serve an unexpired term, shall serve for
a term of two years; and the terms shall run consecutively from the date of the
initial gubernatorial appointment. No person shall be eligible for nomination
by such state executive committee unless he or she is an elector and a member
in good standing of the political party of the committee. Such a member shall
cease to serve on the board and his or her office shall be abolished if and
when his or her political organization shall cease to be a "political
party" as defined in Code Section 21-2-2.
(d) The Secretary of State shall be the
chairperson of the board. Three members of the board shall constitute a quorum,
and no vacancy on the board shall impair the right of the quorum to exercise
all the powers and perform all the duties of the board. The board shall adopt a
seal for its use and bylaws for its own government and procedure.
(e) Meetings shall be held whenever
necessary for the performance of the duties of the board on call of the
chairperson or whenever any two of its members so request. Minutes shall be
kept of all meetings of the board and a record kept of the vote of each member
on all questions coming before the board. The chairperson shall give to each
member of the board prior notice of the time and place of each meeting of the
board.
(f) If any member of the board, other than the Secretary of
State, shall qualify as a candidate for any public office which is to be voted
upon in any primary or election regulated by the board, that member's position
on the board shall be immediately vacated and such vacancy shall be filled in
the manner provided for filling other vacancies on the board.
Ga.
L. 1959, p. 59, § 1; Code 1933, § 34-201, enacted by Ga. L. 1964, Ex. Sess., p.
26, § 1; Ga. L. 1968, p. 862, § 1; Ga. L. 1969, p. 329, § 2; Ga. L. 1998, p.
295, § 1; Ga. L. 1999, p. 21, § 1; Ga.
L. 2008, p. 781, § 1/HB 1112.
JUDICIAL DECISIONS
STANDING OF
SECRETARY OF STATE TO OBJECT TO REQUEST TO VIEW ELECTION RECORDS UNDER OPEN
RECORDS ACT. --The Georgia Secretary of State had standing to object to a
request under the Open Records Act for election records held by a county. Under
O.C.G.A. §§ 21-2-30, 21-2-31, 21-2-32, 21-2-50 et seq., and 45-13-20 et seq.,
the Secretary was charged with the supervision of all elections in Georgia and
thus had the right to seek judicial intervention. Smith v. DeKalb County, 288
Ga. App. 574, 654 S.E.2d 469 (2007), cert. denied, No. S08C0596, 2008 Ga. LEXIS
291 (Ga. 2008).
CITED in Hanson v. Wilson,
257 Ga. 5, 354 S.E.2d 126 (1987).
Research
References & Practice Aids
AM. JUR. 2D. --
25 Am. Jur. 2d, Elections, §§ 83, 87.
C.J.S. --
29 C.J.S., Elections, § 108 et seq.
ALR. --
Constitutionality of statute requiring, or limiting,
selection or appointment of public officers or agents from members of a
political party or parties, 140 A.L.R. 471; 170 A.L.R. 198.
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OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-33.1
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 2. SUPERVISORY BOARDS AND OFFICERS > PART 1. STATE ELECTION BOARD, COUNTY BOARD
OF ELECTIONS, AND COUNTY BOARD OF ELECTIONS AND REGISTRATION > SUBPART 1. STATE ELECTION BOARD
§ 21-2-33.1. Enforcement of chapter
(a) The State Election Board is vested
with the power to issue orders, after the completion of appropriate
proceedings, directing compliance with this chapter or prohibiting the actual
or threatened commission of any conduct constituting a violation, which order
may include a provision requiring the violator:
(1) To cease and desist from committing
further violations;
(2) To pay a civil penalty not to exceed
$5,000.00 for each violation of this chapter or for each failure to comply with
any provision of this chapter or of any rule or regulation promulgated under
this chapter. Such penalty may be assessed against any violator as the State
Election Board deems appropriate;
(3) To publicly reprimand any violator
found to have committed a violation;
(4) To require that restitution be paid
by any violator to a state, county, or city governing authority when it has
suffered a monetary loss or damage as the result of a violation;
(5) To require violators to attend
training as specified by the board; and
(6) To assess investigative costs
incurred by the board against any violator found to have committed a
violation.
(b) A civil penalty shall not be
assessed against any violator except after notice and hearing as provided by
Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."
In addition to the State Election Board, any contested case may be held before
any representative of such board who has been selected and appointed by such
board for such purpose. The amount of any civil penalty finally assessed shall
be recoverable by a civil action brought in the name of the State Election
Board. All moneys recovered pursuant to this Code section shall be deposited in
the state treasury.
(c) The Attorney General of this state
shall, upon complaint by the State Election Board, bring an action in the
superior court in the name of the State Election Board for a temporary
restraining order or other injunctive relief or for civil penalties assessed
against any violator of any provision of this chapter or any rule or regulation
duly issued by the State Election Board.
(d) Any action brought by the Attorney
General to enforce civil penalties assessed against any violator of this
chapter or any rule or regulation duly issued by the State Election Board or
any order issued by the State Election Board ordering compliance or to cease
and desist from further violations shall be brought in the superior court of
the county of the residence of the party against whom relief is sought. Service
of process shall lie in any jurisdiction within the state. In such actions, the
superior court inquiry will be limited to whether notice was given by the State
Election Board to the violator in compliance with the Constitution and the
rules of procedure of Chapter 13 of Title 50, the "Georgia Administrative
Procedure Act." Upon satisfaction that notice was given and a hearing was
held pursuant to Chapter 13 of Title 50, the "Georgia Administrative
Procedure Act," the superior court shall enforce the orders of the State
Election Board and the civil penalties assessed under this chapter and the
superior court shall not make independent inquiry as to whether the violations
have occurred.
(e) In any action brought by the
Attorney General to enforce any of the provisions of this chapter or of any
rule or regulation issued by the State Election Board, the judgment, if in
favor of the State Election Board, shall provide that the defendant pay to the
State Election Board the costs, including reasonable attorneys' fees, incurred
by the State Election Board in the prosecution of such action.
Code
1981, § 21-2-33.1, enacted by Ga. L. 1993, p. 1670, § 2; Ga. L. 1998, p. 295, §
1; Ga. L. 1998, p. 1231, §§ 3, 27; Ga.
L. 2005, p. 253, § 5/HB 244.
Research
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OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-34
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 2. SUPERVISORY BOARDS AND OFFICERS > PART 1. STATE ELECTION BOARD, COUNTY BOARD OF ELECTIONS, AND COUNTY BOARD OF ELECTIONS AND REGISTRATION > SUBPART 1. STATE ELECTION BOARD
§ 21-2-34. Compensation and expenses of members
Each
member of the State Election Board shall receive a per diem in an amount equal
to the per diem received by members of the General Assembly for each day or
portion thereof spent in serving as members of the State Election Board. Each
member of the State Election Board shall be paid his or her necessary traveling
expenses while engaged in the business of the State Election Board.
Ga. L. 1958, p. 269, § 45; Code 1933, § 34-205, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1985, p. 496, § 2; Ga. L. 1998, p. 295, § 1.
Research References & Practice Aids
CROSS REFERENCES. --
Per diem for members of General Assembly, § 45-7-4.
C.J.S. --
29 C.J.S., Elections, §§ 112, 121.
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OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-33
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 2. SUPERVISORY BOARDS AND OFFICERS > PART 1. STATE ELECTION BOARD, COUNTY BOARD OF ELECTIONS, AND COUNTY BOARD OF ELECTIONS AND REGISTRATION > SUBPART 1. STATE ELECTION BOARD
§ 21-2-33. Hearings before board
The
State Election Board may examine under oath any person concerning any matter
connected with or bearing on the proper discharge of its duties; and any member
of the board may administer such oath. The board shall have full power to subpoena
persons and papers and to compel the witnesses to answer under oath touching
any questions which may properly come before the board and to take, through its
agent, the depositions of witnesses. The board, in investigating the
administration of primary and election laws within a county or any frauds or
irregularities in primaries and elections held therein, shall conduct each
hearing concerning same at a place within such county. No witness shall be
compelled to attend if he or she should reside more than 100 miles from the
place of hearing by the nearest practical route; provided, however, that the
board may compel the taking of his or her testimony by deposition in the county
of the residence of the witness. The sheriff of any county, or his or her
deputy, or agent of the board shall serve all processes issued by the board; or
the same may be served by registered or certified mail or statutory overnight
delivery; and the production of an appropriate return receipt issued by the
post office or commercial delivery firm shall constitute prima-facie evidence
of such service. In case of the refusal of any person subpoenaed to attend or
testify, such facts shall be reported forthwith by the board to the appropriate
superior court, or to a judge thereof, and such court or judge shall order such
witness to attend and testify. On failure or refusal to obey such order, such
witness shall be dealt with as for contempt. Any witness so subpoenaed, and
after attending, shall be allowed and paid the same mileage and fee as now
allowed and paid witnesses in civil actions in the superior court.
Code 1933, § 34-204, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1998, p. 295, § 1; Ga. L. 2000, p. 1589, § 3; Ga. L. 2001, p. 20, § 1.
EDITOR'S NOTES. --
Ga. L. 2000, p. 1589, § 16, not codified by the General Assembly, made this Act applicable with respect to notices delivered on or after July 1, 2000.
Research References & Practice Aids
CROSS REFERENCES. --
Witness fees and mileage, § 24-13-25.
AM. JUR. 2D. --
25 Am. Jur. 2d, Elections, §§ 8, 37, 90 et seq.
C.J.S. --
29 C.J.S., Elections, § 113 et seq.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
Subpart Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-32
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 2. SUPERVISORY BOARDS AND OFFICERS > PART 1. STATE ELECTION BOARD, COUNTY BOARD
OF ELECTIONS, AND COUNTY BOARD OF ELECTIONS AND REGISTRATION > SUBPART 1. STATE ELECTION BOARD
§ 21-2-32. Institution of and intervention in court actions;
procedure; compensation of presiding judge; granting of relief; notice;
appellate review
(a) The State Election Board shall have
the right to institute or to intervene as a party in any action in any court of
this state or of the United States, seeking mandamus, injunction, or other
relief, to compel compliance with any election or primary law of the state or
with any valid rule or regulation of the board, or to restrain or otherwise
prevent or prohibit any fraudulent or other illegal conduct in connection
therewith, including the right to seek such relief for any anticipatory breach.
(b) Any petition seeking any of the
relief authorized in subsection (a) of this Code section shall be filed in the
superior court of the county of residence of the superintendent charged with
the conduct of the election or primary in which it is alleged that there was or
will be fraud or other illegal conduct or, in the case of municipal primaries
and elections, in the county in which the city hall is located.
(c) Upon the filing of such petition,
the clerk of superior court having jurisdiction shall immediately notify the
administrative judge for the judicial administrative district in which the
county lies, or the district court administrator, who shall immediately notify
the administrative judge, of the institution of proceedings under this article.
If the county in which the proceedings were instituted is not in the circuit of
the administrative judge, the administrative judge shall select a superior
court judge from within the district, but not from the circuit in which the
proceeding was instituted, or a senior judge who is not a resident of the
circuit in which the proceeding was instituted, to preside over the
proceeding.
(d) If the administrative judge is a
member of the circuit in which the proceeding was filed, or if the other judges
of the district are unable or are unwilling to preside over the proceeding, or
if the other judges of the district are judges of the circuit in which the
proceeding was filed, then the administrative judge shall select an
administrative judge of an adjoining district to select a superior court judge
from that district, or a superior court judge from the district in which the
proceeding was filed, but not the circuit in which the proceeding was filed, or
a senior judge who is not a resident of the circuit wherein the proceeding was
filed. In the event any temporary order is sought, the petition may be
presented to the administrative judge prior to its filing for consideration of
the application for such order. If the petition upon which temporary relief is
sought prior to the filing will be filed in any county of the circuit of the
administrative judge, then the petition may be presented to the administrative
judge of an adjoining district prior to its filing for consideration of the
application for such order.
(e) After a judge has agreed to preside
over the case, the administrative judge who selected the judge to hear the
matter shall enter an order in the superior court of the county where the
proceeding was filed appointing such judge, and such judge shall promptly begin
presiding over such proceedings in such court and shall determine same as soon
as practicable. Such judge shall be reimbursed for his or her actual expenses
for food and lodging and shall receive the same mileage as any other state
officials and employees. Senior judges shall be entitled to compensation and
reimbursement as the law provides for senior judge service.
(f) If, in the opinion of the judge
presiding over such cause, adequate relief cannot otherwise be granted to
assure compliance with said laws, rules, and regulations, the judge may enter
such order concerning the conduct of such election or primary which he or she
shall deem necessary to assure compliance, including the right to require such
election or primary to be held under the supervision of the State Election
Board.
(g) Upon any action being filed in any court of this state
seeking relief affecting the calling, holding, conduct, determination, result,
tabulation, or certification of any election or primary, except those instituted
by the State Election Board, a copy of the proceeding shall be served upon such
board by mailing a copy of same to the chairperson by certified or registered
mail or statutory overnight delivery; and a certificate that such service has
been made shall be filed by the plaintiff or the plaintiff's attorney.
(h) Any verdict, judgment, decree, order, ruling, or other
judicial action in such cases shall be subject to review by the appellate court
having jurisdiction thereof. It shall be the duty of the proper appellate court
to consider application for stays or supersedeas in such cases without regard
to whether any appeal has been filed or the record docketed in such cases.
Code
1933, § 34-203, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1991, p.
608, § 1; Ga. L. 1998, p. 295, § 1; Ga. L. 2000, p. 1589, § 4.
EDITOR'S NOTES. --
Ga. L. 2000, p. 1589, § 16, not codified by the General
Assembly, made this Act applicable with respect to notices delivered on or
after July 1, 2000.
JUDICIAL DECISIONS
PURPOSE FOR WHICH
NOTICE IS GIVEN TO THE STATE ELECTION BOARD is to give the board an opportunity
to intervene in an action brought under this section. Hill v. Bargeron, 240 Ga.
490, 241 S.E.2d 251 (1978).
The decision
whether to intervene in municipal election contests requires that the State
Election Board be aware of the nature of the proceedings, and for problems
encountered in elections and election contests, in order that it may properly
perform its duties under this section. Copies of the proceedings are also
necessary to assist the board in promulgating rules and regulations, in
publishing and distributing explanatory pamphlets interpreting the election
laws, in conducting investigations where necessary, and in making
recommendations to the General Assembly. Lyde v. City of Brunswick, 241 Ga.
554, 246 S.E.2d 673 (1978).
"SEEKING RELIEF
AFFECTING THE CALLING, HOLDING, CONDUCT" NOT TO BE STRICTLY CONSTRUED.
--To accomplish the intended purposes of O.C.G.A. § 21-2-32, the words
"seeking relief affecting the calling, holding, conduct," are not to
be given a strict interpretation. Malone v. Tison, 248 Ga. 209, 282 S.E.2d 84
(1981).
"ACTION SEEKING
RELIEF" CONSTRUED. --An action seeking to enjoin the placing of a
candidate's name upon the ballot is an action seeking relief affecting the
conduct, determination, result, etc., of a primary or election. O'Keefe v.
Braddock, 237 Ga. 838, 229 S.E.2d 758 (1976).
A petition
seeking mandamus requiring city officials to administer the oath of office to
persons who claim to have been elected as write-in candidates in a municipal
election is such a proceeding that requires notice to the State Election Board.
Lucken v. Falligant, 243 Ga. 816, 256 S.E.2d 788 (1979).
STANDING OF
SECRETARY OF STATE TO OBJECT TO REQUEST TO VIEW ELECTION RECORDS UNDER OPEN
RECORDS ACT. --The Georgia Secretary of State had standing to object to a
request under the Open Records Act for election records held by a county. Under
O.C.G.A. §§ 21-2-30, 21-2-31, 21-2-32, 21-2-50 et seq., and 45-13-20 et seq.,
the Secretary was charged with the supervision of all elections in Georgia and
thus had the right to seek judicial intervention. Smith v. DeKalb County, 288
Ga. App. 574, 654 S.E.2d 469 (2007), cert. denied, No. S08C0596, 2008 Ga. LEXIS
291 (Ga. 2008).
OMISSION OF REQUIRED
NOTICE UNDER SUBSECTION (D) (NOW SUBSECTION (G)) OF THIS SECTION CONSTITUTES A
FATAL DEFECT. O'Keefe v. Braddock, 237 Ga. 838, 229 S.E.2d 758 (1976); Lucken
v. Falligant, 243 Ga. 816, 256 S.E.2d 788 (1979).
FAILURE TO FILE
CERTIFICATE OF PERFECTED SERVICE CONSTITUTES A FATAL DEFECT. --If no
certificate that service had been perfected upon the State Election Board was
filed as required by subsection (d) (now subsection (g)) of this section, it is
not error for the court to dismiss a petition in an election contest. Moody v.
Carter, 128 Ga. App. 27, 195 S.E.2d 204 (1973).
NOTICE TO BE GIVEN
IMMEDIATELY FOLLOWING FILING OF ACTION. --The word "upon" in
subsection (d) (now subsection (g)) of this section means "immediately
following on" or "very soon after." Late or eleventh-hours
service is not in conformity with the express statutory language. Hill v.
Bargeron, 240 Ga. 490, 241 S.E.2d 251 (1978).
FAILURE TO MAIL
NOTICE OR FILE CERTIFICATE OF SERVICE. --Where the record reflected service on
the Secretary of State by the sheriff, the absence of the formalities required
under O.C.G.A. § 21-2-32(d) (now subsection (g)) was not fatal. Hanson v.
Wilson, 257 Ga. 5, 354 S.E.2d 126 (1987).
"COURT"
DOES NOT INCLUDE CITY COUNCIL. --Subsection (d) (now subsection (g)) of this
section will not be expanded so as to include a city council within the
definition of "court". Collins v. Williams, 237 Ga. 576, 229 S.E.2d
388 (1976).
CITED in Smith v.
Nathan, 127 Ga. App. 610, 194 S.E.2d 490 (1972); Robinson v. Bassett, 128 Ga.
App. 711, 197 S.E.2d 799 (1973); Price v. Cheek, 130 Ga. App. 506, 203 S.E.2d
751 (1973); Schloth v. Smith, 134 Ga. App. 529, 215 S.E.2d 292 (1975); Bargeron
v. Hill, 143 Ga. App. 87, 237 S.E.2d 518 (1977).
Research
References & Practice Aids
OPINIONS OF THE ATTORNEY
GENERAL
BOARD MAY RECEIVE
CRIMINAL RECORD INFORMATION. --Since the State Election Board is empowered to
investigate and enforce by civil actions, it would be entitled to receive
criminal history record information in connection with any such investigation
or litigation. 1975 Op. Att'y Gen. No. 75-144.
AM. JUR. 2D. --
25 Am. Jur. 2d, Elections, §§ 8, 37, 90 et seq.
C.J.S. --
29 C.J.S., Elections, § 113 et seq.
ALR. --
Power to enjoin holding of an election, 33 A.L.R. 1376; 70
A.L.R. 733.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
Subpart Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-31
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 2. SUPERVISORY BOARDS AND OFFICERS > PART 1. STATE ELECTION BOARD, COUNTY BOARD
OF ELECTIONS, AND COUNTY BOARD OF ELECTIONS AND REGISTRATION > SUBPART 1. STATE ELECTION BOARD
§ 21-2-31. Duties
It
shall be the duty of the State Election Board:
(1) To promulgate rules and regulations
so as to obtain uniformity in the practices and proceedings of superintendents,
registrars, deputy registrars, poll officers, and other officials, as well as
the legality and purity in all primaries and elections;
(2) To formulate, adopt, and promulgate
such rules and regulations, consistent with law, as will be conducive to the
fair, legal, and orderly conduct of primaries and elections; and, upon the
adoption of each rule and regulation, the board shall promptly file certified
copies thereof with the Secretary of State and each superintendent;
(3) To publish in print or
electronically and furnish to primary and election officials, from time to
time, a sufficient number of indexed copies of all primary and election laws
and pertinent rules and regulations then in force;
(4) To publish in print or
electronically and distribute such explanatory pamphlets regarding the
interpretation and application of primary and election laws as in the opinion
of the board should be distributed to the electorate;
(5) To investigate, or authorize the
Secretary of State to investigate, when necessary or advisable the
administration of primary and election laws and frauds and irregularities in
primaries and elections and to report violations of the primary and election
laws either to the Attorney General or the appropriate district attorney who
shall be responsible for further investigation and prosecution. Nothing in this
paragraph shall be so construed as to require any complaining party to request
an investigation by the board before such party might proceed to seek any other
remedy available to that party under this chapter or any other provision of
law;
(6) To make such recommendations to the
General Assembly as it may deem advisable relative to the conduct and
administration of primaries and elections;
(7) To promulgate rules and regulations
to define uniform and nondiscriminatory standards concerning what constitutes a
vote and what will be counted as a vote for each category of voting system used
in this state;
(8) To employ such assistants as may be
necessary;
(9) Subject to funds being specifically
appropriated by the General Assembly, to formulate and conduct a voter
education program concerning voting procedures for voting by absentee ballot
and at the polls with particular emphasis on the proper types of identification
required for voting; and
(10) To take such other action,
consistent with law, as the board may determine to be conducive to the fair, legal,
and orderly conduct of primaries and elections.
Ga.
L. 1958, p. 269, § 45; Ga. L. 1959, p. 57, § 1; Code 1933, § 34-202, enacted by
Ga. L. 1968, p. 862, § 2; Ga. L. 1993, p. 118, § 1; Ga. L. 1993, p. 1670, § 1;
Ga. L. 1998, p. 295, § 1; Ga. L. 2001, p. 230, § 2; Ga. L. 2003, p. 517, §
2; Ga. L. 2006, p. 3, § 1/SB 84; Ga. L. 2008, p. 781, § 2/HB 1112; Ga. L. 2010, p. 838, § 10/SB 388.
JUDICIAL DECISIONS
BOARD REQUIRED TO BE
AWARE OF CONTEST PROCEEDINGS. --The decision whether to intervene in election
contest requires that the State Election Board be aware of the nature of the
election contest proceedings, and of problems encountered in elections and
election contests, in order that it may properly perform its duties under
O.C.G.A. § 21-2-31. Lyde v. City of Brunswick, 241 Ga. 554, 246 S.E.2d 673
(1978).
STANDING OF
SECRETARY OF STATE TO OBJECT TO REQUEST TO VIEW ELECTION RECORDS UNDER OPEN
RECORDS ACT. --The Georgia Secretary of State had standing to object to a
request under the Open Records Act for election records held by a county. Under
O.C.G.A. §§ 21-2-30, 21-2-31, 21-2-32, 21-2-50 et seq., and 45-13-20 et seq.,
the Secretary was charged with the supervision of all elections in Georgia and
thus had the right to seek judicial intervention. Smith v. DeKalb County, 288
Ga. App. 574, 654 S.E.2d 469 (2007), cert. denied, No. S08C0596, 2008 Ga. LEXIS
291 (Ga. 2008).
Research
References & Practice Aids
ADMINISTRATIVE RULES AND
REGULATIONS. --
Registration of electors, Official Compilation of the Rules
and Regulations of the State of Georgia, Georgia Election Code, State Election
Board, Subject 183-1-6.
Returns of
primaries and elections, Official Compilation of the Rules and Regulations of
the State of Georgia, State Election Board, Subject 183-1-15.
Rules of the
State Election Board, Official Compilation of the Rules and Regulations of the
State of Georgia, Georgia Election Code, Subject 183-1-1 through 183-2-16.
Rules for voter
registration by private entities, Official Compilation of the Rules and
Regulations of the State of Georgia, Georgia Election Code, Registration of
Electors, § 183-1-6-.02.
Tabulating center
personnel, trained and certified, Official Compilation of the Rules and
Regulations of the State of Georgia, Georgia Election Code, Voting Machines --
Vote Recorders, § 183-1-12-.03.
LAW REVIEWS. --
For article, "Local Government Law," see 53 Mercer
L. Rev. 389 (2001). For article on 2006 amendment of this Code section, see 23
Ga. St. U. L. Rev. 145 (2006).
For note on the
2001 amendment to this Code section, see 18 Ga. St. U. L. Rev. 114 (2001).
OPINIONS OF THE ATTORNEY
GENERAL
NO AUTHORITY TO
REMOVE NAMES FROM PRIMARY BALLOTS. --Neither the State Election Board nor the
Secretary of State has the authority to order candidates' names removed from
primary ballots. 1974 Op. Att'y Gen. No. 74-96.
BOARD MAY RECEIVE
CRIMINAL RECORD INFORMATION. --Since the State Election Board is empowered to
investigate and enforce by civil actions, it would be entitled to receive
criminal history record information in connection with any such investigation
or litigation. 1975 Op. Att'y Gen. No. 75-144.
BOARD'S POWERS
INCLUDE POWERS OF JUDGE OF PROBATE COURT. --Amendments to the Georgia Election
Code after 1967 which confer additional responsibilities on the judge of
probate court would confer those powers on the Board of Elections, absent a
concurrent, contrary mandate by the General Assembly. 1975 Op. Att'y Gen. No.
U75-88.
AM. JUR. 2D. --
25 Am. Jur. 2d, Elections, §§ 7, 36, 93 et seq.
C.J.S. --
29 C.J.S., Elections, § 113 et seq.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
Subpart Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-40
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 2. SUPERVISORY BOARDS AND OFFICERS > PART 1. STATE ELECTION BOARD, COUNTY BOARD
OF ELECTIONS, AND COUNTY BOARD OF ELECTIONS AND REGISTRATION > SUBPART 2. COUNTY BOARD OF ELECTIONS AND
COUNTY BOARD OF ELECTIONS AND REGISTRATION
§ 21-2-40. General Assembly authorized to create board of
elections and board of elections and registration in any county
(a) The General Assembly may by local
Act create a board of elections in any county of this state and empower the
board with the powers and duties of the election superintendent relating to the
conduct of primaries and elections. Such board shall consist of not fewer than
three members.
(b) The General Assembly may by local
Act create a board of elections and registration in any county of this state
and empower the board with the powers and duties of the election superintendent
relating to the conduct of primaries and elections and with the powers and
duties of the board of registrars relating to the registration of voters and
absentee-balloting procedures. Such board shall consist of not fewer than three
members.
Code
1981, § 21-2-40, enacted by Ga. L. 1982, p. 1292, § 2; Ga. L. 1983, p. 140, §
1; Ga. L. 1990, p. 243, § 8; Ga. L. 1998, p. 295, § 1; Ga. L. 2008, p. 261, § 1/SB 456; Ga. L. 2012, p. 995, § 2/SB 92.
JUDICIAL DECISIONS
COUNTY RESIDENTS'
CHALLENGE to a school board candidate's residency qualification under O.C.G.A.
§ 45-2-1(1) and Ga. Const. 1983, Art. VIII, Sec. V, Para. II, was barred by res
judicata because another challenger had raised the same challenge, and the challenge
had been resolved against the challenger by the county's board of elections.
Lilly v. Heard, 295 Ga. 399, 761 S.E.2d 46 (2014).
Research
References & Practice Aids
LAW REVIEWS. --
For survey article on local government law, see 34 Mercer L.
Rev. 225 (1982).
OPINIONS OF THE ATTORNEY
GENERAL
PRECEDENCE OF LOCAL
LAW IN SELECTION OF BOARD MEMBERS. --Local act creating a county board of
elections and registration does not conflict with O.C.G.A. § 21-2-211 and it is
appropriate to determine by local act the method of selecting the members of
the board of elections and registration. 1986 Op. Att'y Gen. No. U86-38.
NONPARTISANSHIP NOT
REQUIRED. --No federal law or regulation requires a board of elections or board
of registrars to be nonpartisan or to provide for equal representation of
political parties. 1986 Op. Att'y Gen. No. U86-38.
MEMBERSHIP OF
POLITICAL PARTY OFFICERS. --O.C.G.A. § 21-2-76 does not prohibit persons who
hold office in political parties from serving as members of county boards of
elections or boards of elections and registration. 1996 Op. Att'y Gen. No.
96-18.
PETITIONS IN MURRAY
COUNTY UNDER THE HOME RULE PROVISIONS OF THE CONSTITUTION should be filed with
the judge of the probate court, rather than with the board of elections. 1988
Op. Att'y Gen. No. U88-15.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-45
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 2. SUPERVISORY BOARDS AND OFFICERS > PART 1. STATE ELECTION BOARD, COUNTY BOARD
OF ELECTIONS, AND COUNTY BOARD OF ELECTIONS AND REGISTRATION > SUBPART 3. MUNICIPAL ELECTIONS CONDUCTED BY
COUNTIES
§ 21-2-45. Authorization to create joint county-municipal
boards of elections and boards of elections and registration; authorization
forcounty to conduct elections
(a) The General Assembly may by local
Act create a joint county-municipal board of elections in any county of this
state for that county and any municipality located wholly or partially within
that county and empower the board with the powers and duties of the election
superintendent of that county and municipality with regard to the conduct of
primaries and elections. Such board shall consist of not fewer than three
members.
(b) The General Assembly may by local
Act create a joint county-municipal board of elections and registration in any
county of this state for that county and any municipality located wholly or
partially within that county and empower the board with the powers and duties
of the election superintendent of that county and municipality with regard to
the conduct of primaries and elections and empower the board with the powers and
duties of the registrars and board of registrars of that municipality and
county with regard to the registration of voters and absentee-balloting
procedures. Such board shall consist of not fewer than three members.
(c) The governing authority of any municipality
may authorize any county within which that municipality wholly or partially
lies to conduct any or all elections held pursuant to this chapter. In the
event a municipality shall by ordinance authorize such county to conduct
elections, such municipality may request such county to perform any or all of
the functions:
(1) That the county shall perform all
duties as superintendent of elections as specified under this chapter;
(2) That the county shall perform all
duties as superintendent of elections as specified under this chapter, with the
exception of the qualification of candidates; or
(3) That the county shall lease or loan
any or all of its election equipment to the municipality for the purpose of
conducting municipal elections without any responsibility on the part of the
county for the actual conduct of the municipal election.
With reference to any election, such
municipality shall pay such county all costs incurred in performing those
functions which the municipality has requested the county to perform; and,
unless otherwise authorized, such county shall only perform those functions
specifically enumerated in the contract. Such county shall have authority to
conduct elections in any and all counties in which any part of such municipality
may lie.
Code
1981, § 21-2-45, enacted by Ga. L. 1984, p. 680, § 1; Ga. L. 1986, p. 772, § 1;
Ga. L. 1987, p. 1360, § 3; Ga. L. 1998, p. 295, § 1; Ga. L. 2012, p. 995, § 3/SB 92.
Research
References & Practice Aids
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-45.1
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 2. SUPERVISORY BOARDS AND OFFICERS > PART 1. STATE ELECTION BOARD, COUNTY BOARD
OF ELECTIONS, AND COUNTY BOARD OF ELECTIONS AND REGISTRATION > SUBPART 3. MUNICIPAL ELECTIONS CONDUCTED BY
COUNTIES
§ 21-2-45.1. Special elections on bonded debt; publication;
date; discount
(a) The governing authority of a county,
municipality, or political subdivision desiring to incur bonded debt in
accordance with the provisions of the Constitution of Georgia shall call a
special election to be held on a certain day for the purpose of submitting to
the electorate the question of whether such bonded debt shall be incurred. The
governing authority shall publish notice of such election once a week for a
period of four weeks immediately preceding the day of the election in a
newspaper which publishes the sheriff's advertisements for the county
containing all or the largest part of the area of the county, municipality, or
political subdivision involved. Such notice shall specify (1) the date of the
election and the question to be submitted to the electorate, and (2) the
principal amount of bonds to be issued, the purpose for which such bonds are to
be issued, the interest rate or rates such bonds are to bear, and the amount of
principal to be paid in each year during the life of such bonds; provided, however,
that the governing authority, in lieu of specifying the rate or rates of
interest which such bonds are to bear, may specify in the notice that such
bonds when issued will bear interest at a rate not exceeding a maximum per
annum rate of interest as stated in the notice or that, in the event such bonds
are to bear different rates of interest for different maturity dates, none of
such rates will exceed the maximum rates stated in the notice.
(b) The date of a municipal bond
election shall be specified by the governing authority of the municipality.
Such date shall not be less than 30 days after call of such bond election. The
municipality shall immediately transmit a copy of such notice to the Secretary
of State.
(c) Nothing contained in this Code
section shall prohibit the issuer from selling such bonds at a discount, even
if in so doing the effective interest cost resulting therefrom would exceed the
maximum per annum interest rate specified in the notice of the election.
Code
1981, § 21-2-45.1, enacted by Ga. L. 1998, p. 295, § 1; Ga. L. 1999, p. 21, §
1; Ga. L. 2008, p. 817, § 2/HB 1098.
JUDICIAL DECISIONS
SUFFICIENT NOTICE.
--Election notice was sufficient under O.C.G.A. §§ 21-2-45.1(a) and 36-82-1(b)
because even if the clerical error could have been considered an
"irregularity" in the election process, it would not, as a matter of
law, have warranted setting aside the election pursuant to O.C.G.A. § 21-2-522.
DeLeGal v. Burch, 273 Ga. App. 825, 616 S.E.2d 485 (2005).
Research
References & Practice Aids
CROSS REFERENCES. --
Additional provisions regarding bonded debt, § 36-82-1.
LAW REVIEWS. --
For annual survey of local government law, see 58 Mercer L.
Rev. 267 (2006).
C.J.S. --
29 C.J.S., Elections, §§ 135, 139, 143. 64A C.J.S.,
Municipal Corporations, § 2156.
ALR. --
Statement regarding cost of proposed public improvement in
ballot for special election in that regard, 117 A.L.R. 892.
Statutory
provision as to manner and time of notice of special election as mandatory or
directory, 119 A.L.R. 661.
Validity of
submission of proposition to voters at bond election as effected by inclusion
of several structures or units, 4 A.L.R.2d 617.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. TITLE 21 Chapter 2 Article 2 Part 2
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 2. SUPERVISORY BOARDS AND OFFICERS > PART 2. SECRETARY OF STATE
TITLE 21 Chapter 2 Article 2 Part 2 NOTE
Research References & Practice Aids
LAW REVIEWS. --
For article, "Local Government Law," see 53 Mercer L. Rev. 389 (2001).
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
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OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-50.2
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 2. SUPERVISORY BOARDS AND OFFICERS > PART 2. SECRETARY OF STATE
§ 21-2-50.2. Obligations of the state under the federal Help
America Vote Act of 2002
(a) The Secretary of State, as the chief
election official designated under the federal Help America Vote Act of 2002,
shall be responsible for coordinating the obligations of the state under the
federal Help America Vote Act of 2002.
(b) As the chief election official, the
Secretary of State is authorized to promulgate rules and regulations to
establish administrative complaint procedures as required under Section 402 of
Title IV of the federal Help America Vote Act of 2002, which prescribes a
process to remedy only those grievances filed under Title III of such federal
act.
(c) Election related complaints filed
with the Secretary of State alleging violations of Title III of the federal
Help America Vote Act of 2002 shall not be subject to hearing procedures of
Chapter 13 of Title 50, the "Georgia Administrative Procedure Act,"
but shall be resolved pursuant to rules and regulations promulgated under
subsection (b) of this Code section whereby the Secretary of State shall have
the authority to issue a final order for complaints filed under the federal
Help America Vote Act of 2002.
Code
1981, § 21-2-50.2, enacted by Ga. L. 2003, p. 517, § 4.
Research
References & Practice Aids
U.S. CODE. --
The Help America Vote Act of 2002, referred to in this Code
section, is codified at 42 U.S.C. § 15301 et seq.
AM. JUR. 2D. --
26 Am. Jur. 2d., Elections, § 307.
C.J.S. --
29 C.J.S., Elections, § 261.
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OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-51
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 2. SUPERVISORY BOARDS AND OFFICERS > PART 2. SECRETARY OF STATE
§ 21-2-51. Opening of election records to members of public
Except
when otherwise provided by law, the primary and election records of the
Secretary of State, including registration statements, nomination petitions,
affidavits, certificates, tally papers, returns, accounts, contracts, reports,
and other documents in his or her custody shall be open to public inspection
and may be inspected and copied by any elector of the state during usual
business hours at any time when they are not necessarily being used by the
Secretary of State or his or her employees having duties to perform in
reference thereto; provided, however, that such public inspection thereof shall
only be in the presence of the Secretary of State or his or her employee and
shall be subject to proper regulation for the safekeeping of such documents and
subject to the further provisions of this chapter.
Code 1933, § 34-302, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1998, p. 295, § 1.
EDITOR'S NOTES. --
In light of the similarity of the statutory provisions, opinions decided under former Ga. L. 1949, p. 1204, § 37, are included in the annotations for this Code section.
Research References & Practice Aids
CROSS REFERENCES. --
Penalty for willful refusal by Secretary of State to permit public inspection of election records, § 21-2-586. Opening of public records for inspection by public generally, § 50-18-70 et seq.
OPINIONS OF THE ATTORNEY GENERAL
CANDIDATE'S RIGHT TO INSPECT LISTS OF ABSENTEE VOTERS. --A candidate for political office, or any other citizen, has the legal right to inspect the books and records relating to the names and addresses of persons requesting absentee ballots. 1952-53 Op. Att'y Gen. p. 82 (decided under Ga. L. 1949, p. 1204, § 37).
LIST MUST BE LEGIBLE WITHOUT RESORT TO USE OF OTHER DEVICES. --The certified list of electors required to be filed with the Secretary of State must be independently legible and a record of the list which may not be read except by resort to use of other devices, such as a microfiche of a list of electors, does not comply. 1976 Op. Att'y Gen. No. 76-24.
AM. JUR. 2D. --
25 Am. Jur. 2d, Elections, § 90 et seq. 72 Am. Jur. 2d, States, Territories, and Dependencies, § 65.
C.J.S. --
29 C.J.S., Elections, §§ 113 et seq., 148, 241 et seq., 261 et seq.
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OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-50.1
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 2. SUPERVISORY BOARDS AND OFFICERS > PART 2. SECRETARY OF STATE
§ 21-2-50.1. Postponement and extension of qualifying
periods for elections for public office during state of emergency; limitation
In
the event the Governor declares that a state of emergency or disaster exists
pursuant to Code Section 38-3-51 or a federal agency declares that a state of
emergency or disaster exists, the Secretary of State is authorized to postpone
or extend the qualifying periods provided in this chapter for the qualification
of candidates seeking municipal, county, or state-wide office and to postpone
the date of any primary, special primary, election, or special election in the
affected area. The Secretary of State shall exercise the powers granted by this
Code section carefully, and any such postponement or extension shall not exceed
45 days.
Code 1981, § 21-2-50.1, enacted by Ga. L. 2001, p. 230, § 3; Ga. L. 2002, p. 574, § 1.
Research References & Practice Aids
CROSS REFERENCES. --
Emergency powers of Governor generally, §§ 38-3-22, 38-3-51, and 45-12-29.
LAW REVIEWS. --
For note on the 2001 enactment of this Code section, see 18 Ga. St. U. L. Rev. 114 (2001).
AM. JUR. 2D. --
26 Am. Jur. 2d., Elections, § 303 et seq.
C.J.S. --
29 C.J.S., Elections, § 144 et seq.
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O.C.G.A. § 21-2-52
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 2. SUPERVISORY BOARDS AND OFFICERS > PART 2. SECRETARY OF STATE
§ 21-2-52. Preservation of primary and election records
All
primary and election documents in the office of the Secretary of State shall be
preserved therein for a period of at least 24 months; and then the same may be
destroyed unless otherwise provided by law.
Code 1933, § 34-303, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1970, p. 347, § 3; Ga. L. 1978, p. 1004, § 3; Ga. L. 1998, p. 295, § 1.
Research References & Practice Aids
CROSS REFERENCES. --
Maintenance and disposition of public records generally, § 50-18-90 et seq.
AM. JUR. 2D. --
25 Am. Jur. 2d, Elections, § 90 et seq. 72 Am. Jur. 2d, States, Territories, and Dependencies, § 65.
C.J.S. --
29 C.J.S., Elections, §§ 113 et seq., 148, 241 et seq., 261, 263, 264. 76 C.J.S., Records, § 51.
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OFFICIAL CODE OF GEORGIA
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O.C.G.A. § 21-2-50
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 2. SUPERVISORY BOARDS AND OFFICERS > PART 2. SECRETARY OF STATE
§ 21-2-50. Powers and duties; prohibition against serving in
fiduciary capacity
(a) The Secretary of State shall
exercise all the powers granted to the Secretary of State by this chapter and
shall perform all the duties imposed by this chapter, which shall include the
following:
(1) To determine the forms of nomination
petitions, ballots, and other forms the Secretary of State is required to
determine under this chapter;
(2) To receive registration statements
from political parties and bodies and to determine their sufficiency prior to
filing, in accordance with this chapter, and to settle any disputes concerning
such statements;
(3) To receive and determine the
sufficiency of nomination petitions of candidates filing notice of their
candidacy with the Secretary of State in accordance with this chapter;
(4) To certify to the proper
superintendent official lists of all the political party candidates who have
been certified to the Secretary of State as qualified candidates for the
succeeding primary and to certify to the proper superintendent official lists of
all the candidates who have filed their notices of candidacy with the Secretary
of State, both such certifications to be in substantially the form of the
ballots to be used in the primary or election. The Secretary of State shall add
to such form the language to be used in submitting any proposed constitutional
amendment or other question to be voted upon at such election;
(5) To furnish to the proper
superintendent all blank forms, including tally and return sheets, numbered
lists of voters, cards of instructions, notices of penalties, instructions for
marking ballots, tally sheets, precinct returns, recap sheets, consolidated
returns, oaths of managers and clerks, oaths of assisted electors, voters
certificates and binders, applications for absentee ballots, envelopes and
instruction sheets for absentee ballots, and such other supplies as the
Secretary of State shall deem necessary and advisable from time to time, for
use in all elections and primaries. Such forms shall have printed thereon
appropriate instructions for their use;
(6) To receive from the superintendent
the returns of primaries and elections and to canvass and compute the votes
cast for candidates and upon questions, as required by this chapter;
(7) To furnish upon request a certified
copy of any document in the Secretary of State's custody by virtue of this
chapter and to fix and charge a fee to cover the cost of furnishing same;
(8) To perform such other duties as may
be prescribed by law;
(9) To determine and approve the form of
ballots for use in special elections;
(10) To prepare and provide a notice to
all candidates for federal or state office advising such candidates of such
information, to include requirements of this chapter, as may, in the discretion
of the Secretary of State, be conducive to the fair, legal, and orderly conduct
of primaries and elections. A copy of such notice shall be provided to each
superintendent for further distribution to candidates for county and militia district
offices;
(11) To conduct training sessions at such
places as the Secretary of State deems appropriate in each year, for the
training of registrars and superintendents of elections;
(12) To prepare and publish, in the
manner provided in this chapter, all notices and advertisements in connection
with the conduct of elections which may be required by law;
(13) To prepare and furnish information
for citizens on voter registration and voting;
(14) To maintain the official list of
registered voters for this state and the list of inactive voters required by
this chapter; and
(15) To develop, program, build, and
review ballots for use by counties and municipalities on voting systems in use
in the state.
(b) As the state's chief election official,
the Secretary of State shall not serve in any fiduciary capacity for the
campaign of any candidate whose election will be certified by the Secretary of
State. Nothing in this subsection shall prohibit the Secretary of State from
organizing and operating his or her own campaign for election to public office.
Code
1933, § 34-301, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1969, p.
329, § 3; Ga. L. 1970, p. 347, § 2; Ga. L. 1977, p. 1053, § 1; Ga. L. 1979, p.
955, § 1; Ga. L. 1983, p. 140, § 1; Ga. L. 1986, p. 382, § 1; Ga. L. 1994, p.
1443, § 1; Ga. L. 1998, p. 295, § 1; Ga. L. 2001, p. 240, § 2; Ga. L. 2003, p.
517, § 3; Ga. L. 2005, p. 253, § 6/HB
244; Ga. L. 2019, p. 7, § 2/HB 316.
THE 2019 AMENDMENT,
effective April 2, 2019, deleted "direct recording electronic (DRE)"
preceding "voting systems" in paragraph (a)(15).
EDITOR'S NOTES. --
Ga. L. 1994, p. 1443, § 28, not codified by the General
Assembly, provides: "This Act shall become effective upon its approval by
the Governor or upon its becoming law without such approval [April 15, 1994]
for the purpose of authorizing the Secretary of State to design and distribute
such forms and materials and to develop, procure, and install such computer hardware
and software as are required under the provisions of this Act and to exercise
such administrative authority as such officer deems necessary and proper for
the implementation of this Act. For all other purposes, this Act shall become
effective January 1, 1995."
EDITOR'S NOTES. --
In light of the similarity of the statutory provisions,
opinions decided under former Code 1933, § 34-1904 are included in the
annotations for this Code section.
JUDICIAL DECISIONS
STANDING OF
SECRETARY OF STATE TO OBJECT TO REQUEST TO VIEW ELECTION RECORDS UNDER OPEN
RECORDS ACT. --The Georgia Secretary of State had standing to object to a
request under the Open Records Act for election records held by a county. Under
O.C.G.A. §§ 21-2-30, 21-2-31, 21-2-32, 21-2-50 et seq., and 45-13-20 et seq.,
the Secretary was charged with the supervision of all elections in Georgia and
thus had the right to seek judicial intervention. Smith v. DeKalb County, 288
Ga. App. 574, 654 S.E.2d 469 (2007), cert. denied, No. S08C0596, 2008 Ga. LEXIS
291 (Ga. 2008).
SECRETARY OF STATE'S
OFFICE COMPLIED WITH ITS STATUTORY DUTY under O.C.G.A. § 21-2-50 when it
provided a potential candidate with instructions on the nomination petition
process and all of the relevant Official Code sections and State Election Board
Rules. Lewy v. Beazley, 270 Ga. 11, 507 S.E.2d 721 (1998).
NO OBLIGATION TO
INFORM CANDIDATE OF PUBLISHED CASE LAW. --The Secretary of State's office was
not obligated to inform a potential political candidate of published case law
interpreting the Code sections pertaining to the nomination process, especially
when such case law is easily discoverable through reasonable research. Lewy v.
Beazley, 270 Ga. 11, 507 S.E.2d 721 (1998).
Research
References & Practice Aids
CROSS REFERENCES. --
Making of election returns to Secretary of State, Ga. Const.
1983, Art. II, Sec. II, Para. I.
LAW REVIEWS. --
For article on the 2019 amendment of this Code section, see
36 Ga. St. U.L. Rev. 81 (2019).
OPINIONS OF THE ATTORNEY
GENERAL
REMOVAL OF NAMES
FROM PRIMARY BALLOTS NOT AUTHORIZED. --Neither the State Election Board nor the
Secretary of State has the authority to order candidates' names removed from
primary ballots. 1974 Op. Att'y Gen. No. 74-96.
CERTIFICATION OF
MINOR PARTY AND INDEPENDENT CANDIDATES. --The Secretary of State is not
required to certify as candidates for national and state offices at a regular
election, the names of persons as nominees of a party that did not cast five percent
of the votes in the last general election, or as independent candidates, unless
the candidate shall file a petition signed by no less than five percent of the
registered voters in the territory. 1945-47 Op. Att'y Gen. p. 238.
NAMES SUBMITTED FOLLOWING
FILING DEADLINE. --The Secretary of State may not direct that the name of a
party nominee submitted to the Secretary of State after the filing deadline be
placed on the general election ballot. 1945-47 Op. Att'y Gen. p. 246; 1945-47
Op. Att'y Gen. p. 248 (decided under former Code 1933, § 34-1904).
AM. JUR. 2D. --
25 Am. Jur. 2d, Elections, § 90 et seq. 72 Am. Jur. 2d,
States, Territories, and Dependencies, § 65.
C.J.S. --
29 C.J.S., Elections, §§ 113 et seq., 148, 241 et seq., 261
et seq.
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OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-70.1
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 2. SUPERVISORY BOARDS AND OFFICERS > PART 3. SUPERINTENDENTS
§ 21-2-70.1. Municipal superintendents; eligibility
(a) The municipal superintendent shall
conduct, in accordance with this chapter, all municipal elections held within
his or her municipality.
(b) The municipal superintendent shall
be a person or committee selected by the governing authority of the municipality
in a public meeting, and such selection shall be recorded in the minutes of
such meeting. The municipal superintendent shall receive compensation fixed and
paid by the governing authority of the municipality from municipal funds. The
appointment shall be made in a public meeting, and the appointment shall be
recorded in the minutes of said meeting. In the event that a municipality fails
to make an appointment, the city clerk shall serve as the municipal
superintendent. A parent, spouse, child, brother, sister, father-in-law,
mother-in-law, son-in-law, daughter-in-law, brother-in-law, or sister-in-law of
a candidate shall not be eligible to serve as a municipal superintendent in any
primary or election in which such candidate's name appears on the ballot.
Code
1981, § 21-2-70.1, enacted by Ga. L. 1998, p. 295, § 1; Ga. L. 2001, p. 230, §
4; Ga. L. 2001, p. 240, § 3; Ga. L. 2003, p. 151, § 1; Ga. L. 2003, p. 517, §
6; Ga. L. 2008, p. 781, § 4/HB 1112.
JUDICIAL DECISIONS
CITED in United
States v. Garner, 349 F. Supp. 1054 (N.D. Ga. 1972).
Research
References & Practice Aids
LAW REVIEWS. --
For survey article on local government law, see 34 Mercer L.
Rev. 225 (1982). For article, "Local Government Law," see 53 Mercer
L. Rev. 389 (2001).
For note on the
2001 amendment to this Code section, see 18 Ga. St. U. L. Rev. 114 (2001).
C.J.S. --
62 C.J.S., Municipal Corporations, §§ 474, 475.
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End of Document
O.C.G.A. § 21-2-74
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 2. SUPERVISORY BOARDS AND OFFICERS > PART 3. SUPERINTENDENTS
§ 21-2-74. Creation of board to assume duties of
superintendent in counties without a board of elections and in which judge of
probate court is candidate for public office
(a) If a county does not have a board of
elections and if the judge of the probate court of that county is a candidate,
with opposition, for any public office in a primary or election, a board to be
composed of the judge of the probate court who shall serve as chairperson, of
an elector of the county named by the state Democratic executive committee, and
of an elector of the county named by the state Republican executive committee
shall assume the duties of the election superintendent for any such primary or election.
(b) In selecting a person to serve, the
state executive committee is authorized to seek the recommendation of the
county executive committee, if any; persons from the county who are active in
the party; persons who are present or former officials in the party; persons
who hold political office or who have sought political office as candidates of
the party; and such other persons as the committee shall desire to
consult.
(c) Within five days after the close of
qualifying, the judge of the probate court shall notify the state Democratic
and Republican party executive committees in writing of the need to appoint a
member of the board. The state executive committees shall have 14 days from the
close of qualifying to appoint their respective members of the board. If the
state executive committee of a party has not notified the judge of the probate
court of its appointment by the close of business on the fourteenth day after
the close of qualifying, the judge of the probate court shall notify the chief
judge of the superior court of the county. The chief judge shall appoint an
elector of the county to serve on the board within seven days following the
notice from the judge of the probate court. A board member may resign by giving
written notice to the probate judge. In the event of the death, resignation, or
other vacancy of the position of an appointed board member, the probate judge
shall immediately notify the state executive committee of the appropriate party
of such vacancy, and the state executive committee shall promptly fill such
vacancy. If the state executive committee has not filled such vacancy within
seven days after notification of such vacancy by the probate judge, the probate
judge shall notify the chief judge of the superior court of the county of such
vacancy and the chief judge shall appoint a person to serve within seven days
after being so notified.
(d) The judge of the probate court shall
swear in the other board members and shall instruct the other board members
concerning their duties on the board. The board members shall begin service on
the board on the date on which they take their oath as members of the board and
shall serve until the judge of the probate court no longer has opposition or is
no longer a candidate for public office, whichever comes first.
(e) Appointed board members shall
receive a per diem of $55.00 per day for each day of service on the business of
the board. Such fees shall be paid from county funds.
Code
1933, § 34-405, enacted by Ga. L. 1970, p. 347, § 8; Ga. L. 1971, p. 602, § 5;
Ga. L. 1993, p. 118, § 1; Ga. L. 1993, p. 617, § 3; Ga. L. 1996, p. 1216, § 1;
Ga. L. 1997, p. 590, § 5; Ga. L. 1998, p. 295, § 1.
Research
References & Practice Aids
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, § 368. 46 Am. Jur. 2d, Judges, §§
54, 121.
C.J.S. --
48A C.J.S., Judges, § 280 et seq.
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OFFICIAL CODE OF
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End of Document
O.C.G.A. § 21-2-70
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 2. SUPERVISORY BOARDS AND OFFICERS > PART 3. SUPERINTENDENTS
§ 21-2-70. Powers and duties
Each
superintendent within his or her county or municipality shall exercise all the
powers granted to him or her by this chapter and shall perform all the duties
imposed upon him or her by this chapter, which shall include the following:
(1) To receive and act upon all
petitions presented by electors, the board of registrars, or the county
executive committee of a political party for the division, redivision,
alteration, change, or consolidation of precincts;
(2) To receive and determine the sufficiency
of nomination petitions of candidates filing notice of their candidacy with him
or her in accordance with this chapter;
(3) To prepare and publish, in the
manner provided by this chapter, all notices and advertisements, in connection
with the conduct of elections, which may be required by law, and to transmit
immediately to the Secretary of State a copy of any publication in which a call
for a special primary, election, or runoff is issued;
(4) To select and equip polling places
for use in primaries and elections in accordance with this chapter;
(5) To purchase, except voting machines,
preserve, store, and maintain election equipment of all kinds, including voting
booths and ballot boxes and to procure ballots and all other supplies for primaries
and elections;
(6) To appoint poll officers and other
officers to serve in primaries and elections in accordance with this
chapter;
(7) To make and issue such rules,
regulations, and instructions, consistent with law, including the rules and regulations
promulgated by the State Election Board, as he or she may deem necessary for
the guidance of poll officers, custodians, and electors in primaries and
elections;
(8) To instruct poll officers and others
in their duties, calling them together in meetings whenever deemed advisable,
and to inspect systematically and thoroughly the conduct of primaries and
elections in the several precincts of his or her county to the end that
primaries and elections may be honestly, efficiently, and uniformly conducted;
(9) To receive from poll officers the
returns of all primaries and elections, to canvass and compute the same, and to
certify the results thereof to such authorities as may be prescribed by
law;
(10) To announce publicly, by posting in
his or her office, the results of all primaries and elections held in his or
her county or municipality;
(11) In any general election at which a
proposal to amend the Constitution or to provide for a new Constitution is
submitted to the electors for ratification, the election superintendent shall
provide copies of the summary of such proposal prepared pursuant to Article X,
Section I, Paragraph II of the Constitution as provided in this paragraph. A
reasonable number of copies of such summary shall be conspicuously available in
each polling place;
(12) To prepare annually a budget
estimate of his or her expenses under this chapter, in which shall be set forth
an itemized list of expenditures for the preceding two years and an itemized
estimate of the amount of money necessary to be appropriated for the ensuing
year and to submit the same at the time and in the manner and form other budget
estimates of his or her county or municipality are now or may hereafter be
required to be filed;
(13) To conduct all elections in such
manner as to guarantee the secrecy of the ballot and to perform such other
duties as may be prescribed by law;
(14) To become certified by
satisfactorily completing a certification program as set forth in Code Section
21-2-101; and
(15) (A) In the case of a judge of the
probate court serving as the election superintendent, such person shall take an
oath in the following form upon assuming the duties of election superintendent
which shall apply to all primaries and elections conducted by such person
throughout such person's tenure as election superintendent:
I, , do swear (or affirm) that I
will as superintendent duly attend all ensuing primaries and elections during
the continuance thereof, that I will to the best of my ability prevent any
fraud, deceit, or abuse in carrying on the same, that I will make a true and
perfect return of such primaries and elections, and that I will at all times
truly, impartially, and faithfully perform my duties in accordance with Georgia
laws to the best of my judgment and ability.
(B) In the case of a board of elections,
each member of the board shall take an oath in the following form upon becoming
a member of the board which shall apply to all primaries and elections
conducted by the board throughout such person's tenure on the board:
I, , do swear (or affirm) that I
will as a member of the board of elections duly attend all ensuing primaries
and elections during the continuance thereof, that I will to the best of my
ability prevent any fraud, deceit, or abuse in carrying on the same, that I
will make a true and perfect return of such primaries and elections, and that I
will at all times truly, impartially, and faithfully perform my duties in
accordance with Georgia laws to the best of my judgment and ability.
(C) In the case of an election
supervisor or designee for a board of elections or board of elections and
registration, the election supervisor or designee shall take an oath in the
following form upon being appointed as an election supervisor or designee of
the board which shall apply to all primaries and elections conducted by the
board throughout such person's tenure:
I, , do swear (or affirm) that I
will duly attend all ensuing primaries and elections during the continuance
thereof, that I will to the best of my ability prevent any fraud, deceit, or
abuse in carrying on the same, that I will make a true and perfect return of
such primaries and elections, and that I will at all times truly, impartially,
and faithfully perform my duties in accordance with Georgia laws to the best of
my judgment and ability.
(D) Each judge of the probate court
serving as an election superintendent, each member of a board of elections or
board of elections and registration, and each election supervisor or designee
for a board of elections or board of elections and registration serving on July
1, 2011, shall take the appropriate oath as set forth in this Code section
which shall apply to all primaries and elections conducted throughout such
person's tenure in that position.
Code
1933, § 34-401, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1970, p.
347, § 4; Ga. L. 1981, p. 1718, § 1; Ga. L. 1982, p. 1512, § 5; Ga. L. 1997, p.
590, § 4; Ga. L. 1998, p. 295, § 1; Ga. L. 1999, p. 21, § 1; Ga. L. 2003, p.
517, § 5; Ga. L. 2008, p. 781, § 3/HB
1112; Ga. L. 2008, p. 817, § 3/HB
1098; Ga. L. 2011, p. 683, § 1/SB 82.
JUDICIAL DECISIONS
EDITOR'S NOTES. --In
light of the similarity of the statutory provisions, decisions under former
Code Section 21-3-8 are included in the annotations for this Code section.
CITED in Bedingfield
v. Adams, 221 Ga. 69, 142 S.E.2d 915 (1965); United States v. Garner, 349 F.
Supp. 1054 (N.D. Ga. 1972); Lewis v. O'Day, 284 Ga. 423, 667 S.E.2d 594 (2008).
Research
References & Practice Aids
ADMINISTRATIVE RULES AND
REGULATIONS. --
Ballot secrecy, Official Compilation of the Rules and
Regulations of the State of Georgia, Georgia Election Code, Ballots, §
183-1-11-.01.
OPINIONS OF THE ATTORNEY
GENERAL
PERFORMANCE OF
DUTIES MANDATORY. --The use of the word "shall" in this section with
respect to the duties imposed upon a probate judge, as superintendent of
elections, indicates the imposition by the General Assembly upon the probate
judge of a mandatory duty to perform certain enumerated functions. 1978 Op.
Att'y Gen. No. U78-44.
AUTHORIZED RULE. --A
probate judge, acting as the superintendent of elections, has authority,
pursuant to O.C.G.A. § 21-2-70(7), to adopt a rule for guidance of poll
officers, custodians, and electors which rule would advise that any person,
including candidates and candidates' campaign workers, is prohibited from
remaining within 250 feet of a polling place for purpose of checking electors
list. 1982 Op. Att'y Gen. No. 82-41.
POWER TO CALL
SPECIAL PRIMARY. --While the Election Code does not specify the exact method of
calling a special primary, the judge of the probate court is the officer
generally having jurisdiction of primaries, and the judge is the proper person
to call a special primary. 1970 Op. Att'y Gen. No. U70-128.
SUPERINTENDENT CALLS
AND CONDUCTS SCHOOL BOND REFERENDUM. --The county school board is empowered to
authorize the calling of a school bond referendum which the county election
superintendent shall then call by publishing the appropriate notice. The county
superintendent of elections is also the proper person to conduct a school bond
referendum. 1985 Op. Att'y Gen. No. 85-18.
ELECTION
SUPERINTENDENT IS RESPONSIBLE FOR CERTIFYING THE RETURNS OF ELECTIONS. 1985 Op.
Att'y Gen. No. 85-18.
COSTS IN EXAMINING
NOMINATION PETITION NOT ASSESSABLE. --The ordinary (now superintendent) is not
authorized to assess the costs incurred in examining the nomination petition
against the candidate submitting the petition. If no appropriations are made to
cover such expenses, the ordinary may be compensated for services pursuant to
the method prescribed in former Code 1933, § 24-110 (see now O.C.G.A. §
15-1-12). 1968 Op. Att'y Gen. No. 68-233.
NO AUTHORITY TO
DISTRIBUTE SAMPLE BALLOTS. --The ordinary (now superintendent) does not have
the authority needed to distribute sample ballots prior to the next general
election; even if such authority were contained in the Election Code, it is
extremely doubtful whether public funds could be used. 1968 Op. Att'y Gen. No.
68-4.
MANDAMUS LIES TO
COMPEL ANNUAL FINANCIAL STATEMENT. --The duty of the probate judge, as
superintendent of elections, set forth in paragraph (11) (now paragraph (12))
of this section to make annual financial statements is clear, and as there
appears to be no other legal remedy by which to compel the furnishing of such
information by the probate judge to the county governing authority, an action
for mandamus by the county governing authority may lie to require performance
by the probate judge of duties. 1978 Op. Att'y Gen. No. U78-44.
PETITIONS IN MURRAY
COUNTY UNDER THE HOME RULE PROVISIONS OF THE CONSTITUTION should be filed with
the judge of the probate court, rather than with the board of elections. 1988
Op. Att'y Gen. No. U88-15.
AM. JUR. 2D. --
25 Am. Jur. 2d, Elections, §§ 83, 90, 91. 26 Am. Jur. 2d,
Elections, § 271 et seq.
C.J.S. --
29 C.J.S., Elections, § 113 et seq.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-72
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 2. SUPERVISORY BOARDS AND OFFICERS > PART 3. SUPERINTENDENTS
§ 21-2-72. Primary and election records to be open to public
Except
when otherwise provided by law or court order, the primary and election records
of each superintendent, registrar, municipal governing authority, and committee
of a political party or body, including registration statements, nomination
petitions, affidavits, certificates, tally papers, returns, accounts,
contracts, reports, and other documents in official custody, except the
contents of voting machines, shall be open to public inspection and may be
inspected and copied by any elector of the county or municipality during usual
business hours at any time when they are not necessarily being used by the
custodian or his or her employees having duties to perform in reference
thereto; provided, however, that such public inspection shall only be in the
presence of the custodian or his or her employee and shall be subject to proper
regulation for the safekeeping of such documents and subject to the further
provisions of this chapter. The custodian shall also, upon request, if
photocopying equipment is available in the building in which the records are
housed, make and furnish to any member of the public copies of any of such
records upon payment of the actual cost of copying the records requested.
Code 1933, § 34-403, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1970, p. 347, § 6; Ga. L. 1982, p. 437, §§ 1, 2; Ga. L. 1998, p. 295, § 1; Ga. L. 2005, p. 253, § 7/HB 244.
Research References & Practice Aids
CROSS REFERENCES. --
Penalty for willful refusal by superintendent to permit public inspection of election records, § 21-2-585. Opening of public records for inspection by public generally, § 50-18-70 et seq.
AM. JUR. 2D. --
20 Am. Jur. 2d, Courts, § 22 et seq. 26 Am. Jur. 2d, Elections, § 271 et seq.
C.J.S. --
29 C.J.S., Elections, §§ 113 et seq., 444 et seq.
Hierarchy Notes:
Title Note
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Hierarchy Notes:
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OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-71
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 2. SUPERVISORY BOARDS AND OFFICERS > PART 3. SUPERINTENDENTS
§ 21-2-71. Payment by county or municipality of
superintendent's expenses
The
governing authority of each county or municipality shall appropriate annually
and from time to time, to the superintendent of such county or municipality,
the funds that it shall deem necessary for the conduct of primaries and
elections in such county or municipality and for the performance of his or her
other duties under this chapter, including:
(1) Compensation of the poll officers,
custodians, and other assistants and employees provided for in this
chapter;
(2) Expenditures and contracts for
expenditures by the superintendent for polling places;
(3) Purchase or printing, under
contracts made by the superintendent, of all ballots and other election
supplies required by this chapter, or which the superintendent shall consider
necessary to carry out the provisions of this chapter;
(4) Maintenance of all voting equipment
required by this chapter, or which the superintendent shall consider necessary
to carry out this chapter; and
(5) All other expenses arising out of
the performance of his or her duties under this chapter.
Code
1933, § 34-402, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1970, p.
347, § 5; Ga. L. 1998, p. 295, § 1; Ga. L. 2003, p. 517, § 7.
Research
References & Practice Aids
OPINIONS OF THE ATTORNEY
GENERAL
EXPENSES OF SCHOOL
BOND ELECTION must be borne by the county board of education and not the county
board of commissioners. 1974 Op. Att'y Gen. No. U74-55.
COSTS IN EXAMINING
NOMINATION PETITION NOT ASSESSABLE. --The ordinary (now superintendent) is not
authorized to assess the costs incurred in examining the nomination petition
against the candidate submitting the petition. If no appropriations are made to
cover such expenses, the ordinary may be compensated for services pursuant to
the method prescribed in former Code 1933, § 24-110 (see now O.C.G.A. §
15-1-12). 1968 Op. Att'y Gen. No. 68-233.
SETTING OF ELECTION
COSTS AUTHORIZED. --The board of commissioners of a county has the authority to
set the amounts that will be received by the probate judge, acting as a
superintendent of elections, for election costs. 1976 Op. Att'y Gen. No.
U76-50.
REJECTION OF
EXORBITANT BILL. --A county governing authority may reject a bill for expenses
submitted by a probate judge, acting as a superintendent of elections, for the
conduct of an election in the event the county governing authority determines
such bill to be exorbitant; however, the county governing authority must pay
the expenses of a special primary even though the need for the special primary
arose solely as a result of an error on the part of the probate judge. 1978 Op.
Att'y Gen. No. U78-44.
COMPENSATION
INCLUDED IN BUDGET OF ELECTION EXPENSES. --An ordinary (now superintendent),
compensated under the fee system, may properly include in the ordinary's budget
of election expenses, compensation computed from the schedule of costs found in
former Code 1933, § 24-1716 (see now O.C.G.A. § 15-9-60). 1968 Op. Att'y Gen.
No. 68-274.
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, § 307.
C.J.S. --
29 C.J.S., Elections,
§§ 112, 121.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-73
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 2. SUPERVISORY BOARDS AND OFFICERS > PART 3. SUPERINTENDENTS
§ 21-2-73. Preservation of primary and election records
All
primary and election documents on file in the office of the election
superintendent of each county, municipal governing authority, superintendent,
registrar, committee of a political party or body, or other officer shall be
preserved therein for a period of at least 24 months and then the same may be
destroyed unless otherwise provided by law.
Code 1933, § 34-404, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1970, p. 347, § 7; Ga. L. 1978, p. 1004, § 4; Ga. L. 1998, p. 295, § 1; Ga. L. 2005, p. 253, § 8/HB 244.
Research References & Practice Aids
CROSS REFERENCES. --
Maintenance and disposition of public records generally, § 50-18-90 et seq.
AM. JUR. 2D. --
20 Am. Jur. 2d, Courts, § 22 et seq. 26 Am. Jur. 2d, Elections, § 271 et seq.
C.J.S. --
29 C.J.S., Elections, §§ 113 et seq., 444 et seq.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. TITLE 21 Chapter 2 Article 2 Part 4
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 2. SUPERVISORY BOARDS AND OFFICERS > PART 4. POLL OFFICERS
TITLE 21 Chapter 2 Article 2 Part 4 NOTE
Research References & Practice Aids
CROSS REFERENCES. --
Penalties for offenses committed against poll officers, §§ 21-2-566, 21-2-569, 21-2-584, 21-2-593. Penalty for offenses committed by poll officers, §§ 21-2-584 and 21-2-587 et seq.
Hierarchy Notes:
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Hierarchy Notes:
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OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-76
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 2. SUPERVISORY BOARDS AND OFFICERS > PART 3. SUPERINTENDENTS
§ 21-2-76. Eligibility of person to serve as county election
superintendent
No
person who holds elective office, as defined in this chapter and including
every municipal office to which persons can be elected by a vote of the electors
under the laws of this state but excluding the office of probate judge, shall
be eligible to serve as county or municipal election superintendent during the
term of such elective office; and the position of any election superintendent
other than a probate judge shall be deemed vacant upon such superintendent's
qualifying as a candidate for elective public office, as defined in this
chapter and including any municipal office to which persons can be elected by a
vote of the electors under the laws of this state.
Code 1981, § 21-2-76, enacted by Ga. L. 1996, p. 1216, § 2; Ga. L. 1998, p. 145, § 1; Ga. L. 1998, p. 295, § 1; Ga. L. 1999, p. 52, § 3.
Research References & Practice Aids
OPINIONS OF THE ATTORNEY GENERAL
MEMBERSHIP ON COUNTY BOARDS OF ELECTIONS. --O.C.G.A. § 21-2-76 does not prohibit persons who hold office in political parties from serving as members of county boards of elections or boards of elections and registration as created under O.C.G.A. § 21-2-40. 1996 Op. Att'y Gen. No. 96-18.
Hierarchy Notes:
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OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-75
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 2. SUPERVISORY BOARDS AND OFFICERS > PART 3. SUPERINTENDENTS
§ 21-2-75. Eligibility of persons holding elective public
office, or office in political party, to serve on county board of elections
(a) No person who holds elective public
office, as defined in this chapter and including every municipal office to
which persons can be elected by a vote of the electors under the laws of this
state, shall be eligible to serve as a member of a county board of elections
during the term of such elective office; and the position of any county board
of elections member shall be deemed vacant upon such member's qualifying as a
candidate for elective public office, as defined in this chapter and including
any municipal office to which persons can be elected by a vote of the electors
under the laws of this state.
(b) No person who holds office in a
political party at any level of such political party shall be eligible to serve
as chairperson of a county board of elections during the term of such political
party office. On and after April 15, 1996, the position of any chairperson of a
county board of elections shall be deemed vacant upon such chairperson's
assuming a political party office.
Code
1933, § 34-605.1, enacted by Ga. L. 1978, p. 1037, § 1; Ga. L. 1996, p. 1216, §
2; Ga. L. 1998, p. 145, § 1; Ga. L. 1998, p. 295, § 1.
Research
References & Practice Aids
AM. JUR. 2D. --
25 Am. Jur. 2d, Elections, §§ 84, 177.
C.J.S. --
29 C.J.S., Elections, §§ 59, 110.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
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OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-77
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 2. SUPERVISORY BOARDS AND OFFICERS > PART 3. SUPERINTENDENTS
§ 21-2-77. Electronic election returns
(a) Beginning with the election cycle in
the year 2000, the superintendent of elections of each county shall provide
electronically to the Secretary of State, within 45 days after the close of
voting, election returns divided by precinct for each precinct in their
respective counties for all primaries, elections, special primaries, special
elections, and runoffs for such elections for federal or state offices held in
that year or any following year.
(b) Beginning with the election cycle in
the year 2002, the superintendent of elections of each county shall provide
electronically to the Secretary of State, within seven days after the close of
voting, election returns divided by precinct for each precinct in their
respective counties for all primaries, elections, special primaries, special
elections, and runoffs for such elections for federal, state, and county
offices held in that year or any following year.
(c) The Secretary of State is authorized
to prescribe by rule or regulation the type of electronic format for the
provision of such election returns.
Code
1981, § 21-2-77, enacted by Ga. L. 2000, p. 13, § 1; Ga. L. 2003, p. 517, § 8.
Research
References & Practice Aids
LAW REVIEWS. --
For note on 2000 enactment of this Code section, see 17 Ga.
St. U. L. Rev. 178 (2000).
Hierarchy Notes:
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Hierarchy Notes:
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OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-90
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 2. SUPERVISORY BOARDS AND OFFICERS > PART 4. POLL OFFICERS
§ 21-2-90. Appointment of chief manager and assistant
managers
All
elections and primaries shall be conducted in each polling place by a board
consisting of a chief manager, who shall be chairperson of such board, and two
assistant managers assisted by clerks. The managers of each polling place shall
be appointed by the superintendent. If the political parties involved elect to
do so, they may submit to the superintendent, for consideration in making such
appointment, a list of qualified persons. When such lists are submitted to the
appropriate office, the superintendent, insofar as practicable, shall make
appointments so that there shall be equal representation on such boards for the
political parties involved in such elections or primaries. The superintendent
shall make each appointment by entering an order which shall remain of record
in the appropriate office and shall make such order available for public
inspection upon request. The order shall include the name and address of the
appointee, his or her title, and a designation of the precinct and primary or
election in which he or she is to serve.
Code 1933, § 34-501, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1969, p. 329, § 4; Ga. L. 1970, p. 347, § 9; Ga. L. 1982, p. 1512, § 5; Ga. L. 1998, p. 295, § 1; Ga. L. 2005, p. 253, § 9/HB 244; Ga. L. 2010, p. 914, § 2/HB 540; Ga. L. 2011, p. 683, § 2/SB 82; Ga. L. 2012, p. 995, § 4/SB 92.
JUDICIAL DECISIONS
NEW ELECTION MANAGERS NOT REQUIRED. --Trial court properly denied two challengers' petition contesting a city's general election as the challengers failed to show fraud, misconduct, irregularity, or illegality; a new election manager was not required for each election; a jury trial was not warranted in the matter; and there was no basis shown to set aside the results of the runoff election. Fuller v. Thomas, 284 Ga. 397, 667 S.E.2d 587 (2008).
CITED in Lewis v. O'Day, 284 Ga. 423, 667 S.E.2d 594 (2008).
Research References & Practice Aids
OPINIONS OF THE ATTORNEY GENERAL
APPOINTMENT OF PERSONS NOT ON PARTIES' LISTS. --The superintendent may appoint persons to serve as managers who are not on political parties' lists and not affiliated with the parties, and if the superintendent also appoints some qualified persons from the lists, the superintendent must assure, insofar as the superintendent is able, that the parties have equal representation on the boards. 1974 Op. Att'y Gen. No. U74-39.
AM. JUR. 2D. --
25 Am. Jur. 2d, Elections, § 85 et seq.
C.J.S. --
29 C.J.S., Elections, § 113 et seq.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
Hierarchy Notes:
Part Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-93
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 2. SUPERVISORY BOARDS AND OFFICERS > PART 4. POLL OFFICERS
§ 21-2-93. Oath of office for managers and clerks
Before
entering upon their duties at any primary or election, all managers and clerks
shall be duly sworn in the presence of each other. The chief manager shall
first be sworn by an assistant manager, and the assistant managers and clerks
shall then be sworn by the chief manager. Each of them shall immediately sign
in duplicate the oath taken by him or her upon forms to be furnished by the
superintendent, and the same shall be attested by the officer who administered
the oath.
Code 1933, § 34-504, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1998, p. 295, § 1.
Research References & Practice Aids
AM. JUR. 2D. --
25 Am. Jur. 2d, Elections, § 85.
C.J.S. --
29 C.J.S., Elections, § 111.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
Hierarchy Notes:
Part Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-95
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 2. SUPERVISORY BOARDS AND OFFICERS > PART 4. POLL OFFICERS
§ 21-2-95. Form of clerk's oath
The following shall be the form of the oath to be taken by each clerk:
"I, , do swear (or affirm) that I will as a clerk attend the ensuing election (or primary) during the continuance thereof, that I will use my best endeavors to prevent any fraud, deceit, or abuse in carrying on the same, and that I will at all times truly, impartially, and faithfully perform my duties therein to the best of my judgment and ability."
Code 1933, § 34-506, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1998, p. 295, § 1.
Research References & Practice Aids
ADMINISTRATIVE RULES AND REGULATIONS. --
Tabulating center personnel, trained and certified, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Election Code, Voting Machines -- Vote Recorders, § 183-1-12-.03.
AM. JUR. 2D. --
25 Am. Jur. 2d, Elections, § 85.
C.J.S. --
29 C.J.S., Elections, § 111.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
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Hierarchy Notes:
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OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-92
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 2. SUPERVISORY BOARDS AND OFFICERS > PART 4. POLL OFFICERS
§ 21-2-92. Qualifications of poll officers; service during
municipal election or primary; Student Teen Election Participant (STEP) program
(a) Poll officers appointed pursuant to
Code Sections 21-2-90 and 21-2-91 shall be judicious, intelligent, and upright
citizens of the United States, residents of or otherwise employed by the county
in which they are appointed or, in the case of municipal elections, residents
of or otherwise employed by the municipality in which the election is to be
held or of the county in which that municipality is located, 16 years of age or
over, and shall be able to read, write, and speak the English language. No poll
officer shall be eligible for any nomination for public office or to be voted
for at a primary or election at which the poll officer shall serve. No person
who is otherwise holding public office, other than a political party office,
shall be eligible to be appointed as or to serve as a poll officer. A parent,
spouse, child, brother, sister, father-in-law, mother-in-law, son-in-law,
daughter-in-law, brother-in-law, or sister-in-law of a candidate shall not be
eligible to serve as a poll officer in any precinct in which such candidate's
name appears on the ballot in any primary or election.
(b) Notwithstanding the provisions of
subsection (a) of this Code section, in the event that a municipal primary or
election is held in conjunction with a regular county, state, or federal
election, poll officers assigned by the county election superintendent to
conduct such county, state, or federal election shall also be authorized to
serve as poll officers to conduct such municipal election or primary and shall
not be required to be residents of said municipality.
(c) Each local board of education and
election superintendent shall be authorized to develop and implement through a
coordinated effort a Student Teen Election Participant (STEP) program. The STEP
program shall permit full-time public, private, and home schooled high school
students to volunteer to work as poll officers during any primary, special, or
general election. In addition to the qualifications set forth in subsection (a)
of this Code section, a student participating in the STEP program shall:
(1) Be a United States citizen;
(2) Have a Georgia driver's license or
Georgia state-issued identification card;
(3) Have demonstrated age-appropriate
academic ability for the previous school year; and
(4) Have a history of responsible school
and community behavior.
A student participating in the STEP program
shall at all times while working as a poll officer remain under the supervision
of an adult poll officer or manager who is 21 years of age or older. No student
shall be permitted to participate in the STEP program without the written
authorization of his or her parent or legal guardian and such other
documentation as may be required by the local board of education or election
superintendent. A student in the STEP program shall work a minimum of four but
not more than six hours during a single election day and shall receive
age-appropriate training for serving as a poll officer. A student who
successfully participates in the STEP program shall be counted as present and
given full credit for the school day during which he or she served in the STEP
program. No student shall be permitted to be absent from school or participate
in the STEP program for more than two school days. The election superintendent
and local board of education shall adopt mutually agreed upon rules,
regulations, and policies prior to the initiation of a STEP program.
Code
1933, § 34-503, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1994, p.
1406, § 1; Ga. L. 1997, p. 649, § 1; Ga. L. 1998, p. 295, § 1; Ga. L. 2010, p. 914, § 3/HB 540; Ga. L. 2012, p. 1026, § 1/SB 101.
JUDICIAL DECISIONS
POLL OFFICER
INELIGIBLE TO BE CANDIDATE. --Subsection (a) of this subsection was not merely
a prohibition relative to a candidate serving as a poll officer, but instead
emphatically provides that a poll officer was ineligible to be a candidate.
Tripp v. Holder, 119 Ga. App. 608, 168 S.E.2d 189 (1969).
EFFECT IS NOT TO
VOID PRIMARY, BUT TO DISQUALIFY CANDIDATE. --While a candidate acting as a poll
officer might not invalidate the primary at which the candidate served, it
would disqualify the candidate to hold the office which was voted for at the
primary. The effect is not to void the election but to disqualify the
prospective candidate. Tripp v. Holder, 119 Ga. App. 608, 168 S.E.2d 189
(1969).
Research
References & Practice Aids
ADMINISTRATIVE RULES AND
REGULATIONS. --
Student attendance, Official Compilation of the Rules and Regulations
of the State of Georgia, Georgia Department of Education, Regional Educational
Services, Rule 160-5-1-.10.
OPINIONS OF THE ATTORNEY
GENERAL
REGISTRAR AS POLL
OFFICER. --There is no statutory prohibition against a member of the county
board of registrars serving as a poll officer during a primary or election but
the duties imposed upon a registrar during the conduct of a primary or election
make such service as a poll officer difficult, if not impossible. 1985 Op.
Att'y Gen. No. 85-38.
AM. JUR. 2D. --
25 Am. Jur. 2d, Elections, § 85.
C.J.S. --
29 C.J.S., Elections, § 110.
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OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-91
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 2. SUPERVISORY BOARDS AND OFFICERS > PART 4. POLL OFFICERS
§ 21-2-91. Appointment of clerks
Prior
to the opening of the polls in each precinct at each primary and election, the
superintendent shall appoint a sufficient number of clerks to serve therein at
such primary or election. If additional clerks are required during the day for
the purpose of counting ballots, or for other purposes, the superintendent may
appoint same.
Code 1933, § 34-502, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1969, p. 329, § 5; Ga. L. 1983, p. 140, § 1; Ga. L. 1998, p. 295, § 1.
Research References & Practice Aids
AM. JUR. 2D. --
25 Am. Jur. 2d, Elections, § 85 et seq.
C.J.S. --
29 C.J.S., Elections, § 113 et seq.
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OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-96
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 2. SUPERVISORY BOARDS AND OFFICERS > PART 4. POLL OFFICERS
§ 21-2-96. Administration of oaths by managers
Each
of the managers shall have the power to administer oaths to any person claiming
the right to vote or in any matter or thing required to be done or inquired
into by them under this chapter.
Code 1933, § 34-507, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1998, p. 295, § 1.
Research References & Practice Aids
AM. JUR. 2D. --
25 Am. Jur. 2d, Elections, § 85.
C.J.S. --
29 C.J.S., Elections, § 113 et seq.
Hierarchy Notes:
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OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-94
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 2. SUPERVISORY BOARDS AND OFFICERS > PART 4. POLL OFFICERS
§ 21-2-94. Form of manager's oath
The following shall be the form of the oath to be taken by each manager:
"I, , do swear (or affirm) that I will as manager duly attend the ensuing election (or primary) during the continuance thereof, that I will not admit any person to vote, except such as I shall firmly believe to be registered and entitled to vote at such election (or primary), according to the laws of this state, that I will not vexatiously delay or refuse to permit any person to vote whom I shall believe to be entitled to vote as aforesaid, that I will use my best endeavors to prevent any fraud, deceit, or abuse in carrying on the same, that I will make a true and perfect return of the said election (or primary), and that I will at all times truly, impartially, and faithfully perform my duties therein to the best of my judgment and ability."
Code 1933, § 34-505, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1998, p. 295, § 1.
JUDICIAL DECISIONS
EDITOR'S NOTES. --In light of the similarity of the statutory provisions, decisions under former Code 1933, § 34-1202 are included in the annotations for this Code section.
FAILURE TO TAKE OATH NOT GROUND FOR RELIEF IN EQUITY. --A complaint that an election manager failed to take the required oath shows a mere irregularity; and, where it was not alleged that this in any wise affected the result of the election, it would not therefore be a ground for relief in equity. Hughes v. Griner, 208 Ga. 47, 65 S.E.2d 24 (1951) (decided under former Code 1933, § 34-1202).
Research References & Practice Aids
AM. JUR. 2D. --
25 Am. Jur. 2d, Elections, § 85.
C.J.S. --
29 C.J.S., Elections, § 111.
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OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-99
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 2. SUPERVISORY BOARDS AND OFFICERS > PART 4. POLL OFFICERS
§ 21-2-99. Instruction of poll officers and workers in
election procedures; certifications; notification of completion of training to
Secretary of State
(a) The election superintendent shall
provide adequate training to all poll officers and poll workers regarding the
use of voting equipment, voting procedures, all aspects of state and federal
law applicable to conducting elections, and the poll officers' or poll workers'
duties in connection therewith prior to each general primary and general
election and each special primary and special election; provided, however, such
training shall not be required for a special election held between the date of
the general primary and the general election. Upon successful completion of
such instruction, the superintendent shall give to each poll officer and poll
worker a certificate to the effect that such person has been found qualified to
conduct such primary or election with the particular type of voting equipment
in use in that jurisdiction. Additionally, the superintendent shall notify the
Secretary of State on forms to be provided by the Secretary of State of the
date when such instruction was held and the number of persons attending and
completing such instruction. For the purpose of giving such instructions, the
superintendent shall call such meeting or meetings of poll officers and poll
workers as shall be necessary. Each poll officer shall, upon notice, attend such
meeting or meetings called for his or her instruction.
(b) No poll officer or poll worker shall
serve at any primary or election unless he or she shall have received
instructions, as described in subsection (a) of this Code section; shall have
been found qualified to perform his or her duties in connection with the type
of voting equipment to be used in that jurisdiction; and shall have received a
certificate to that effect from the superintendent; provided, however, that
this shall not prevent the appointment of a poll officer or poll worker to fill
a vacancy arising on the day of a primary or election or on the preceding day.
Code
1933, § 34-509, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1983, p.
140, § 1; Ga. L. 1998, p. 295, § 1; Ga. L. 2001, p. 240, § 4; Ga. L. 2002, p.
437, § 1; Ga. L. 2005, p. 253, § 10/HB
244.
Research
References & Practice Aids
ADMINISTRATIVE RULES AND
REGULATIONS. --
Training and certification of tabulating center personnel,
Official Compilation of the Rules and Regulations of the State of Georgia,
Georgia Election Code, Voting Machines -- Vote Recorders, § 183-1-12-.03.
C.J.S. --
29 C.J.S., Elections, §§ 113 et seq., 337, 338.
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OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-101
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 2. SUPERVISORY BOARDS AND OFFICERS > PART 4. POLL OFFICERS
§ 21-2-101. Certification program for county and municipal
election superintendents or election board designee; waiver of certification;
failure to comply; remedial training; regulatory authority
(a) All county and municipal election
superintendents, chief registrars, and absentee ballot clerks or, in the case
of a board of elections or a board of elections and registration, the designee
of such board charged with the daily operations of such board shall become
certified by completing a certification program approved by the Secretary of
State within six months following their appointment. Such program may include
instruction on, and may require the superintendent to demonstrate proficiency
in, the operation of the state's direct recording electronic voting equipment,
the operation of the voting equipment used in such superintendent's
jurisdiction, and in state and federal law and procedures related to elections.
The local government employing the superintendent or designee shall cover the
costs, if any, incurred by such superintendent's or designee's participation in
the certification program. Such certification programs shall be offered by the
Secretary of State on multiple occasions before December 31 of the year in
which such superintendents or designees are appointed and shall not exceed 64
hours of classroom, online, and practical instruction as authorized and
approved by the Secretary of State.
(1) A full, partial, or conditional
waiver of the certification requirement may be granted by the Secretary of
State, in the discretion of the Secretary of State, upon the presentation of
evidence by the election superintendent or board that the individual was unable
to complete such training due to medical disability, providential cause, or
other reason deemed sufficient by the Secretary of State.
(2) In the event that a municipality
authorizes a county to conduct its elections pursuant to Code Section 21-2-45,
the municipality may be granted by the Secretary of State, in the discretion of
the Secretary of State, a waiver of the certification requirement, provided
that the superintendent in charge of running the municipal election shall have
previously completed a certification program approved by the Secretary of State
and has demonstrated a proficiency in the operation of the voting equipment
used in said municipality.
(d) A superintendent and the county or
municipal governing authority which employs such superintendent may be fined by
the State Election Board for failure to attain the certification required in
this Code section.
(e) After notice and hearing as provided
in Chapter 13 of Title 50, the "Georgia Administrative Procedure
Act," the State Election Board may require additional or remedial training
or limit, suspend, or revoke the certification of a superintendent if such
superintendent is found to have violated any provision of this chapter or any
rule, regulation, or order issued by the State Election Board. In its
discretion, the State Election Board may reinstate such certification.
(f) The State Election Board is
authorized to promulgate, amend, or repeal rules and regulations for the
implementation of this Code section. Such rules and regulations may include
provisions related to additional or remedial training or the limitation,
suspension, revocation, or reinstatement of a superintendent's certification
issued by the Secretary of State.
Code
1981, § 21-2-101, enacted by Ga. L. 2003, p. 517, § 9; Ga. L. 2005, p. 253, § 12/HB 244; Ga. L. 2007, p. 544, § 1/SB 194; Ga. L. 2008, p. 781, § 5/HB 1112; Ga. L. 2010, p. 914, § 5/HB 540; Ga. L. 2017, p. 697, § 1/HB 268; Ga. L. 2018, p. 1112, § 21/SB 365.
THE 2017 AMENDMENT,
effective July 1, 2017, substituted "within six months following their
appointment" for "by no later than December 31 of the year in which
they are appointed" at the end of the first sentence of subsection (a);
substituted the present provisions of subsection (b) for the former provisions,
which read: "Any county chief registrar or municipal absentee ballot clerk
appointed prior to January 1, 2010, who has not met the certification
requirement shall complete a certification program approved by the Secretary of
State by no later than December 31, 2011"; and added subsections (e) and
(f).
THE 2018 AMENDMENT,
effective May 8, 2018, part of an Act to revise, modernize, and correct the
Code, revised punctuation in the first sentence of subsection (e).
JUDICIAL DECISIONS
CITED in Lewis v.
O'Day, 284 Ga. 423, 667 S.E.2d 594 (2008).
Research
References & Practice Aids
C.J.S. --
29 C.J.S., Elections, § 108 et seq.
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OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-97
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 2. SUPERVISORY BOARDS AND OFFICERS > PART 4. POLL OFFICERS
§ 21-2-97. Identification badges for poll officers
Each
poll officer, while in the performance of his or her duty, shall display
conspicuously upon his or her person a badge showing his or her name and office;
and such badge shall be supplied by the superintendent.
Ga. L. 1963, p. 506, § 1; Code 1933, § 34-510, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1998, p. 295, § 1.
Research References & Practice Aids
AM. JUR. 2D. --
25 Am. Jur. 2d, Elections, §§ 85, 92 et seq.
C.J.S. --
29 C.J.S., Elections, § 113 et seq.
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OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-100
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 2. SUPERVISORY BOARDS AND OFFICERS > PART 4. POLL OFFICERS
§ 21-2-100. Training of local election officials
(a) The election superintendent and at
least one registrar of the county or, in counties with boards of election or
combined boards of election and registration, at least one member of the board
or a designee of the board shall attend a minimum of 12 hours' training
annually as may be selected by the Secretary of State. The election
superintendent and at least one registrar of each municipality shall attend a
minimum of 12 hours' training biennially as may be selected by the Secretary of
State.
(b) The basis for the minimum
requirement of training shall be two calendar years.
(c) A waiver of the requirement of
minimum training, either in whole or in part, may be granted by the Secretary
of State, in the discretion of the Secretary of State, upon the presentation of
evidence by the election superintendent, registrar, or board that the
individual was unable to complete such training due to medical disability,
providential cause, or other reason deemed sufficient by the Secretary of
State.
(d) The cost of the training shall be
borne by the governing authority of each county from county funds and by the
municipal governing authority from municipal funds.
(e) A superintendent or registrar and
the county or municipal governing authority which employs the superintendent or
registrar may be fined by the State Election Board for failure to attend the
training required in this Code section.
(f) The minimum training required under
this Code section shall not apply to deputy registrars.
Code
1981, § 21-2-100, enacted by Ga. L. 1994, p. 1443, § 2; Ga. L. 1998, p. 295, §
1; Ga. L. 1998, p. 1231, §§ 4, 28; Ga. L. 2001, p. 240, § 5; Ga. L. 2005, p. 253, § 11/HB 244.
EDITOR'S NOTES. --
Ga. L. 1994, p. 1443, § 28, not codified by the General
Assembly, provides: "This Act shall become effective upon its approval by
the Governor or upon its becoming law without such approval [April 15, 1994]
for the purpose of authorizing the Secretary of State to design and distribute
such forms and materials and to develop, procure, and install such computer
hardware and software as are required under the provisions of this Act and to
exercise such administrative authority as such officer deems necessary and
proper for the implementation of this Act. For all other purposes, this Act
shall become effective January 1, 1995."
Research
References & Practice Aids
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OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-98
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 2. SUPERVISORY BOARDS AND OFFICERS > PART 4. POLL OFFICERS
§ 21-2-98. Compensation of poll officers
(a) The compensation of managers and
clerks serving in elections shall be fixed and paid by the superintendent or,
in the case of municipal elections, by the governing authority. Compensation
for such poll officers serving in a primary shall be fixed and paid by the
superintendent.
(b) Notwithstanding the provisions of
subsection (a) of this Code section, in all counties of this state having a
population of 200,000 or more according to the United States decennial census
of 1990 or any future such census, the minimum compensation for the chief
manager shall be $95.00 per diem; the minimum compensation for each assistant
manager shall be $66.00 per diem; and the minimum compensation for each clerk
shall be $60.00 per diem.
(c) It shall not be necessary to compensate
volunteers who are appointed to serve as poll officers and who agree to perform
the duties of manager or clerk without compensation.
Ga.
L. 1896, p. 40, §§ 1, 2; Civil Code 1910, § 82; Code 1933, § 34-1303; Ga. L.
1952, p. 197, § 1; Ga. L. 1957, p. 218, § 1; Code 1933, § 34-508, enacted by
Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1982, p. 513, §§ 1, 2; Ga. L. 1992,
p. 2590, § 2; Ga. L. 1995, p. 570, § 1; Ga. L. 1998, p. 295, § 1; Ga. L. 2010, p. 914, § 4/HB 540.
Research
References & Practice Aids
AM. JUR. 2D. --
25 Am. Jur. 2d, Elections, § 85. 26 Am. Jur. 2d, Elections,
§ 307.
C.J.S. --
29 C.J.S., Elections,
§§ 112, 121.
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OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. TITLE 21 Chapter 2 Article 3
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 3. REGISTRATION OF AND COMMITTEE ORGANIZATION OF POLITICAL PARTIES AND BODIES
TITLE 21 Chapter 2 Article 3 NOTE
Research References & Practice Aids
ALR. --
Validity of percentage of vote or similar requirements for participation by political parties in primary elections, 70 A.L.R.2d 1162.
Hierarchy Notes:
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OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-110
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 3. REGISTRATION OF AND COMMITTEE
ORGANIZATION OF POLITICAL PARTIES AND BODIES
§ 21-2-110. Filing of registration statements by political
parties or bodies with the Secretary of State; contents of registration statements;
amendments; filing fees; failure to file statement
(a) The chief executive officer of each
political party or body operating in this state shall, within 60 days after the
date of its organization or after June 24, 1964, whichever is later, file with
the Secretary of State a registration statement setting forth:
(1) Its name and the date and place of
its creation;
(2) The general purposes for which it
was created;
(3) Certified copies of its charter,
bylaws, rules, and regulations, and other documents of like dignity governing
its organization and operation;
(4) The address of its principal
office;
(5) The names, home addresses, and
titles of the persons composing its governing committee and executive officers;
and
(6) Such other information as the
Secretary of State may require as necessary or appropriate in the public
interest.
(b) The chief executive officer of each
municipal executive committee, whose state executive committee has already
filed with the Secretary of State as a political party or body, shall promptly
file with the city clerk of the municipality and with its state political party
or body executive committee a registration statement setting forth:
(1) Its name and certified copies of its
charter, bylaws, rules and regulations, and other documents of like dignity
governing its organization and operation;
(2) The address of its principal office;
and
(3) The names of its members, home
addresses, and titles of the persons composing its governing committee and
executive officers.
(c) No registration statement of a
party, body, or municipal executive committee shall be filed if the name of
such party, body, or municipal executive committee is identical with, or
deceptively similar to, the name of any other existing party, body, or
municipal executive committee which was organized earlier and is eligible at
the time to file its registration statement with the Secretary of State.
(d) Within 30 days after the occurrence
of a change in the information contained in any registration statement, or
prior amendment thereto, the chief executive officer of the party, body, or
municipal executive committee filing such statement shall file an amendment
thereto setting forth the information necessary to maintain the currency of
such statement.
(e) The Secretary of State shall receive
a fee of $10.00 for filing each registration statement required by subsection
(a) of this Code section and a fee of $2.00 for filing each amendment
thereto.
(f) A political party, body, or
municipal executive committee failing to file a registration statement as
required by subsection (a) or (b) of this Code section at least 60 days before
any primary or election at which it shall seek to have candidates on the ballot
shall not have its name or the names of its candidates placed on any nomination
petition, ballot, or ballot label.
Code
1933, § 34-901, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1998, p.
295, § 1; Ga. L. 1999, p. 21, § 1.
JUDICIAL DECISIONS
CITED in Ashworth v.
Fortson, 424 F. Supp. 1178 (N.D. Ga. 1976).
Research
References & Practice Aids
CROSS REFERENCES. --
Designation by political parties of poll watchers, §
21-2-408.
AM. JUR. 2D. --
25 Am. Jur. 2d, Elections, § 196.
C.J.S. --
29 C.J.S., Elections, § 149 et seq.
ALR. --
Constitutionality of candidate participation provisions for
primary elections, 121 A.L.R.5th 1.
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OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-111
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 3. REGISTRATION OF AND COMMITTEE
ORGANIZATION OF POLITICAL PARTIES AND BODIES
§ 21-2-111. Establishment of state and county executive
committees; membership and officers; duties; applicability of chapter to
persons seeking party office in a primary
(a) Each political party shall establish
and maintain a state executive committee exercising state-wide jurisdiction and
control over party affairs and a county executive committee in each county in
which it holds a primary, exercising county-wide jurisdiction and control over
party affairs. A party may establish and maintain such other committees as it
may from time to time deem advisable. The membership of such committees shall
be selected in the manner determined by the state executive committee. Each
committee shall be presided over by a chairperson and shall have a secretary
and such other officers as deemed advisable, and a list of all such committees
shall be filed with the appropriate election official for the state or county.
The state executive committee shall have the same power over municipal party
executive committees as it has over county party executive committees.
(b) The state executive committee of
each political party shall formulate, adopt, and promulgate rules and
regulations, consistent with law, governing the conduct of conventions and
other party affairs. No such rule and regulation shall be effective until
copies thereof, certified by the chairperson, have been filed with the
Secretary of State.
(c) The respective county executive committees
of each political party shall formulate, adopt, and promulgate rules and
regulations, consistent with law and the rules and regulations of the state
executive committee, governing the conduct of conventions and other party
affairs. No such rule and regulation shall be effective until copies thereof,
certified by the chairperson, have been filed with the superintendent of the
county.
(d) Any person seeking party office in a
primary shall be governed by this chapter relating to a person seeking party
nomination in a primary insofar as such application is practicable.
Code
1933, § 34-902, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1998, p.
295, § 1; Ga. L. 2001, p. 240, § 6.
JUDICIAL DECISIONS
CITED in Smith v.
State Executive Comm. of Democratic Party, 288 F. Supp. 371 (N.D. Ga. 1968);
Grogan v. Paulding County Democratic Executive Comm., 246 Ga. 206, 269 S.E.2d
467 (1980).
Research
References & Practice Aids
AM. JUR. 2D. --
25 Am. Jur. 2d, Elections, § 194 et seq.
C.J.S. --
29 C.J.S., Elections, § 149 et seq.
ALR. --
Extent of power of political party, committee, or officer to
exclude persons from participating in its primaries as voters or candidates, 97
A.L.R. 685; 151 A.L.R. 1121.
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OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-112
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 3. REGISTRATION OF AND COMMITTEE
ORGANIZATION OF POLITICAL PARTIES AND BODIES
§ 21-2-112. Hearings before state committee; suspension of
powers and duties of county committee; delegation of powers by state committee
(a) When the state executive committee
of a political party has reason to believe that the orders, rules, or
regulations of the state executive committee, relating to all party matters
except the conduct of primaries, are not being, or will not be, fairly, impartially,
or properly enforced or applied in any county by the county executive committee
of the party in such county, the state executive committee shall issue to such
county committee a written notice of opportunity for hearing.
(b) A notice of opportunity for hearing
shall state the substance of the order which the state committee proposes to
issue under subsection (e) of this Code section and advise such county
committee of its right to a hearing upon request to the state committee if such
request is received by it within the time specified in the notice.
(c) Whenever such county committee
requests a hearing in accordance with this Code section, the state committee
shall immediately set a date, time, and place for such hearing and shall
forthwith notify the county committee thereof.
(d) A stenographic record of the
testimony and other evidence submitted at the hearing shall be taken and filed
with the state committee. Each witness appearing at the hearing shall be sworn
prior to testifying.
(e) If the state committee does not
receive a timely request for hearing or if a hearing is requested and conducted
as provided in this Code section and the state committee determines that all or
any part of the proposed relief described in the notice of opportunity for
hearing should be granted, the state committee may issue an order, effective
for a certain period, suspending and superseding all or any part of the powers
and duties of the county committee and directing that the powers and duties
which would have been exercised and performed by such county executive
committee in those matters in which they have been suspended and superseded
shall be exercised and performed by the persons designated by the state
executive committee, who may be residents of any county of this state,
notwithstanding any other provision of this chapter.
(f) The state executive committee may
delegate its powers under this Code section to a subcommittee.
Code
1933, § 34-903, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1970, p.
347, § 11; Ga. L. 1998, p. 295, § 1.
Research
References & Practice Aids
AM. JUR. 2D. --
25 Am. Jur. 2d, Elections, § 194 et seq.
C.J.S. --
29 C.J.S., Elections, § 149 et seq.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-113
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 3. REGISTRATION OF AND COMMITTEE
ORGANIZATION OF POLITICAL PARTIES AND BODIES
§ 21-2-113. Chief executive and county executive committees
(a) Each political body shall establish
and maintain a chief executive committee exercising jurisdiction and control
over body affairs in the area of the state in which it operates and a county
executive committee exercising county-wide jurisdiction and control over body
affairs in each county in which the body operates if it operates in two or more
counties. A body may establish and maintain such other committees as it may
from time to time deem advisable. The membership of such committees shall be
selected in the manner determined by the chief executive committee. Each
committee shall be presided over by a chairperson and shall have a secretary
and such other officers as deemed advisable.
(b) The chief executive committee of
each political body shall formulate, adopt, and promulgate rules and
regulations, consistent with law, governing the conduct of conventions and
other body affairs. No such rule and regulation shall be effective until copies
thereof, certified by the chairperson, have been filed with the Secretary of
State.
(c) The respective county executive
committees of each political body shall formulate, adopt, and promulgate rules
and regulations, consistent with law and the rules and regulations of the chief
executive committee, governing the conduct of conventions and other body
affairs. No such rule or regulation shall be effective until a copy thereof,
certified by the chairperson, has been filed with the superintendent of the
county.
(d) Whenever a municipal executive
committee of a political party is established, such committee shall formulate,
adopt, and promulgate rules and regulations, consistent with law and the rules
and regulations of the State Election Board and the state executive committee,
governing the conduct of primaries, conventions, and other party affairs within
the municipality. No such rule and regulation shall be effective until copies
thereof, certified by the chairperson, have been filed with the clerk of the
municipality.
Code
1933, § 34-905, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1998, p.
295, § 1.
JUDICIAL DECISIONS
CITED in Ashworth v.
Fortson, 424 F. Supp. 1178 (N.D. Ga. 1976).
Research
References & Practice Aids
AM. JUR. 2D. --
25 Am. Jur. 2d, Elections, § 195.
C.J.S. --
29 C.J.S., Elections, § 155 et seq.
ALR. --
Extent of power of political party, committee, or officer to
exclude persons from participating in its primaries as voters or candidates, 70
A.L.R. 1501; 88 A.L.R. 473; 97 A.L.R. 685; 151 A.L.R. 1121.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. TITLE 21 Chapter 2 Article 4
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 4. SELECTION AND QUALIFICATION OF CANDIDATES AND PRESIDENTIAL ELECTORS
TITLE 21 Chapter 2 Article 4 NOTE
Annotations
Notes
EDITOR'S NOTES. --
In light of the similarity of the statutory provisions, decisions under former Code 1933, Ch. 34-19 are included in the annotations for this article.
EDITOR'S NOTES. --
In light of the similarity of the provisions, opinions under former Code 1933, Ch. 34-10 are included in the annotations for this article.
Case Notes
JUDICIAL DECISIONS
NOMINATION BY PRIMARY OR BY PETITION NOT UNCONSTITUTIONAL. --Georgia has not violated the equal protection clause of the Fourteenth Amendment by making available two alternative paths for nomination of candidates, neither of which can be assumed to be inherently more burdensome than the other. Jenness v. Fortson, 403 U.S. 431, 91 S. Ct. 1970, 29 L. Ed. 2d 554 (1971).
RIGHT TO ENDORSE CANDIDATES GENERALLY. --Any political organization, however new or however small, is free to endorse any otherwise eligible person as its candidate for whatever elective public office it chooses. McCrary v. Poythress, 638 F.2d 1308 (5th Cir.), cert. denied, 454 U.S. 865, 102 S. Ct. 325, 70 L. Ed. 2d 165 (1981).
ELECTION VOID WHEN CONDUCTED WITH COMPLETE DISREGARD FOR LAW. --While failure to observe some of the requirements of the provisions of this former article might be mere irregularities not rendering the election void, when the election is conducted with an absolute and complete disregard for the law contained in that article, the election is void. Williams v. Cox, 214 Ga. 354, 104 S.E.2d 899 (1958), later appeal, 216 Ga. 535, 117 S.E.2d 899 (1961) (decided under former Code 1933, Ch. 34-19).
OPINIONS OF THE ATTORNEY GENERAL
OFFICES OF SAVANNAH CITY COURT AND MUNICIPAL COURT JUDGE ARE COUNTY OFFICES. 1970 Op. Att'y Gen. No. 70-124.
IF SPECIAL ELECTION FAILS, OFFICES OF JUSTICE OF PEACE AND CONSTABLE ARE FILLED BY ELECTION rather than appointment. 1969 Op. Att'y Gen. No. 69-59 (decided under former Code 1933, Ch. 34-10).
Research References & Practice Aids
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-130
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 4. SELECTION AND QUALIFICATION OF
CANDIDATES AND PRESIDENTIAL ELECTORS
> PART 1. GENERAL PROVISIONS
§ 21-2-130. Procedures for qualification of candidates
generally
Candidates
may qualify for an election as follows:
(1) Nomination
through a political party primary;
(2) Filing
a notice of candidacy and affidavit and paying a qualifying fee or filing a
pauper's affidavit with a pauper's petition in conjunction with:
(A) Filing a nomination petition
declared lawful pursuant to Code Section 21-2-171 either as an independent
candidate or as a nominee of a political body, if duly certified by the
chairperson and the secretary of the political body as having been nominated in
a duly constituted political body convention as prescribed in Code Section
21-2-172;
(B) Nomination for a state-wide office
by a duly constituted political body convention as prescribed in Code Section
21-2-172 if the political body making the nomination has qualified to nominate
candidates for state-wide public office under the provisions of Code Section
21-2-180;
(C) Candidacy in a special election as
prescribed in subsection (e) of Code Section 21-2-132;
(D) Qualifying as an incumbent candidate
to succeed such incumbent as prescribed in subsection (e) of Code Section
21-2-132; or
(E) Candidacy for election to a
nonpartisan office;
(3) In
the case of an election for presidential electors, nomination as prescribed by
rules of a political party and subsection (f) of Code Section 21-2-153; or
(4) Substitute
nomination by a political party or body as prescribed in Code Section 21-2-134.
History
Code
1933, § 34-1001, enacted by Ga. L. 1970, p. 347, § 13; Ga. L. 1983, p. 1190, §
2; Ga. L. 1986, p. 890, § 1; Ga. L. 1997, p. 590, § 6; Ga. L. 1998, p. 295, §
1; Ga. L. 2001, p. 269, § 3; Ga. L.
2017, p. 697, § 2/HB 268.
Annotations
Notes
THE 2017 AMENDMENT,
effective July 1, 2017, substituted "as follows" for "by virtue
of" at the end of the introductory paragraph; substituted "through a
political party primary" for "in a primary conducted by a political
party" at the end of paragraph (1); rewrote paragraph (2); added
subparagraphs (2)(A) through (2)(E); deleted former paragraph (3), which read:
"Nomination for a state-wide office by a duly constituted political body
convention as prescribed in Code Section 21-2-172 if the political body making
the nomination has qualified to nominate candidates for state-wide public
office under the provisions of Code Section 21-2-180;"; redesignated
former paragraphs (4) and (5) as present paragraphs (3) and (4), respectively;
in paragraph (3), inserted "and subsection (f) of Code Section
21-2-153" and added "or" at the end; substituted "Code
Section 21-2-134" for "Code Sections 21-2-134 and 21-2-155,
respectively;" at the end of paragraph (4); deleted former paragraph (6),
which read: "Candidacy in a special election as prescribed in subsection
(e) of Code Section 21-2-132; or"; and deleted former paragraph (7), which
read: "Being an incumbent qualifying as a candidate to succeed such
incumbent as prescribed in subsection (e) of Code Section 21-2-132."
EDITOR'S NOTES. --
Ga. L. 1983, p. 1190, § 1, not codified by the General
Assembly, provided that it was the intent of that Act to implement the
provisions of Ga. Const. 1983, Art. VI, Sec. VII, Para. I.
Case Notes
JUDICIAL DECISIONS
REQUIREMENT OF
FILING NOMINATING PETITIONS. --While political parties may nominate candidates
through primaries without submitting nominating petitions, nominees of
"political bodies" and independent candidates must file nominating
petitions to obtain ballot space. Georgia Socialist Workers Party v. Fortson,
315 F. Supp. 1035 (N.D. Ga. 1970), aff'd sub nom., Jenness v. Fortson, 403 U.S.
431, 91 S. Ct. 1970, 29 L. Ed. 2d 554 (1971).
EFFECT OF FEDERAL
PRECLEARANCE PROCEDURE. --Where plaintiff political party held no convention in
1986 to choose its nominees but claimed it was denied ballot access by the fact
that it was notified of the resolution of the federal preclearance procedure
one day after the deadline for filing notice of candidacy, the court found no
merit in this argument since the notice of candidacy provision, enacted a year
before the June 9, 1986 preclearance determination, was not altered by the 1986
amendments in O.C.G.A. T. 21 and thus was not subject to the preclearance
determination. Libertarian Party v. Harris, 644 F. Supp. 602 (N.D. Ga.
1986).
Where plaintiff
political body contended federal preclearance of the 1986 amendments to this
title was "late," plaintiff should have complied with the
unchallenged Election Code requirements of holding a convention and filing
notice of candidacy. Libertarian Party v. Harris, 644 F. Supp. 602 (N.D. Ga.
1986).
CITED in Jenness v.
Fortson, 403 U.S. 431, 91 S. Ct. 1970, 29 L. Ed. 2d 554 (1971); League of Women
Voters v. Board of Elections, 237 Ga. 40, 227 S.E.2d 225 (1976); Ashworth v.
Fortson, 424 F. Supp. 1178 (N.D. Ga. 1976); Belluso v. Poythress, 485 F. Supp.
904 (N.D. Ga. 1980).
Research References & Practice Aids
LAW REVIEWS. --
For article discussing the impact on bond issues of
challenges to voting procedures, see 15 Ga. St. B. J. 15 (1978).
OPINIONS OF THE ATTORNEY
GENERAL
CANDIDATE MAY
UTILIZE NOMINATION PETITION DESPITE THE FACT THAT A PRIMARY WILL BE CONDUCTED.
1965-66 Op. Att'y Gen. No. 66-177 (See also 1986 Op. Att'y Gen. 86-41).
LISTING OF POLITICAL
BODY DESIGNATION WITH CANDIDATE'S NAME. --A candidate who wishes to have a
political body affiliation listed on the ballot would have to comply with the
certification requirements of former Code 1933, § 34-1001 (see now O.C.G.A. §
21-2-130(2)) except when the Election Code dispenses with the requirement of a
nomination petition pursuant to former Code 1933, § 34-1002 (see now O.C.G.A. §
21-2-132). 1972 Op. Att'y Gen. No. 72-123.
AUTHORITY OF PARTY
TO REFUSE TO QUALIFY CANDIDATE. --The state and county executive committees of
a political party have the authority to refuse to qualify a candidate upon a
determination that such candidate does not meet the qualifications for
nomination to a public office. 1976 Op. Att'y Gen. No. 76-90.
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, § 249 et seq.
C.J.S. --
29 C.J.S., Elections, § 234 et seq.
ALR. --
Residence or inhabitancy within district or other political
unit for which he is elected or appointed as a necessary qualification of
officer or candidate, in absence of express provision to that effect, 120
A.L.R. 672.
Constitutionality, construction, and application of statutes regarding
party affiliations or change thereof as affecting eligibility to nomination for
public office, 153 A.L.R. 641.
Construction and
application of statutes and ordinances concerning establishment of residency,
as condition for running for municipal office, 74 A.L.R.6th 209.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
Hierarchy Notes:
Part Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-131
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 4. SELECTION AND QUALIFICATION OF
CANDIDATES AND PRESIDENTIAL ELECTORS
> PART 1. GENERAL PROVISIONS
§ 21-2-131. Fixing and publishing of qualification fees;
manner of payment; distribution of fees paid
(a) Qualification
fees for party and public offices shall be fixed and published as follows:
(1) (A)
The governing authority of any county or municipality, not later than February
1 of any year in which a general primary, nonpartisan election, or general election
is to be held, and at least 35 days prior to the special primary or election in
the case of a special primary or special election, shall fix and publish a
qualifying fee for each county or municipal office to be filled in the upcoming
primary or election. Except as otherwise provided in subparagraph (B) of this
paragraph, such fee shall be 3 percent of the total gross salary of the office
paid in the preceding calendar year including all supplements authorized by law
if a salaried office.
(B) For the offices of clerk of the
superior court, judge of the probate court, sheriff, tax commissioner, and
magistrate, the qualifying fee shall be 3 percent of the minimum salary
specified in subsection (a) of Code Section 15-6-88, paragraph (1) of subsection
(a) of Code Section 15-9-63, subsection (a) of Code Section 15-10-23, paragraph
(1) of subsection (a) of Code Section 15-16-20, and paragraph (1) of subsection
(b) of Code Section 48-5-183, exclusive of supplements, cost-of-living
increases, and longevity increases. For the office of members of the county
governing authority, the qualifying fee shall be 3 percent of the base salary
established by local Act of the General Assembly or by Code Section 36-5-25 as
adjusted pursuant to Code Section 36-5-24, if applicable, exclusive of
compensation supplements for training provided for in Code Section 36-5-27 and
cost-of-living adjustments pursuant to Code Section 36-5-28. If not a salaried
office, a reasonable fee shall be set by the governing authority of such county
or municipality, such fee not to exceed 3 percent of the income derived from
such county office by the person holding the office for the preceding year or
more than $35.00 for a municipal office;
(2) Within
the same time limitation as provided in subparagraph (A) of paragraph (1) of
this subsection, the Secretary of State shall fix and publish a qualifying fee
for any candidate qualifying by this method with a state political party and
for any candidate qualifying with the Secretary of State for a nonpartisan
election and for any candidate filing with the Secretary of State his or her
notice of candidacy for a general or special election. Such fee shall be 3
percent of the annual salary of the office if a salaried office, except that
the fee for members of the General Assembly shall be $400.00. If not a salaried
office, a reasonable fee shall be set by the Secretary of State, such fee not
to exceed 3 percent of the income derived from such office by the person
holding the office for the preceding year;
(3) A
reasonable qualifying fee may be set according to party rule for each political
party office to be filled in a primary. Such fees shall be set and published by
the county or state political party not later than February 1 of the year in
which the primary is to be held for the filling of such party office.
(b) Qualifying
fees shall be paid as follows:
(1) The
qualifying fee for a candidate in a primary shall be paid to the county or
state political party at the time the candidate qualifies;
(2) The
qualifying fee for all other candidates shall be paid to the superintendent or
Secretary of State at the time the notice of candidacy is filed by the
candidate.
(c) Qualifying
fees shall be prorated and distributed as follows:
(1) Fees
paid to the county political party: 50 percent to be retained by the county
political party with which the candidate qualified; 50 percent to be
transmitted to the superintendent of the county with the party's certified list
of candidates not later than 12:00 Noon of the third day after the deadline for
qualifying in the case of a general primary and by 12:00 Noon of the day
following the closing of qualifications in the case of a special primary. Such
fees shall be transmitted as soon as practicable by the superintendent to the
governing authority of the county, to be applied toward the cost of the primary
and election;
(2) Fees
paid to the state political party: 75 percent to be retained by the state
political party; 25 percent to be transmitted to the Secretary of State with
the party's certified list of candidates not later than 12:00 Noon of the third
day after the deadline for qualifying in the case of a general primary and by
12:00 Noon of the day following the closing of qualifications in the case of a
special primary. Such fees shall be transmitted as soon as practicable by the
Secretary of State as follows: one-third to the state treasury and two-thirds
divided among the governing authorities of the counties in the candidate's
district in proportion to the population of each such county according to the
last United States decennial census, such fees to be applied to the cost of
holding the election;
(3) Qualification
fees paid to the superintendent of the county:
(A) If the person qualifies as a
candidate of a political body, 50 percent shall be transmitted to the state
executive committee of the appropriate political body and 50 percent shall be
retained by the superintendent of the county;
(B) If the person qualifies directly with
the election superintendent as a candidate of a political party in accordance
with subsection (c) of Code Section 21-2-153, 25 percent shall be transmitted
to the state executive committee of the appropriate political party and 75
percent shall be retained by the superintendent of the county; and
(C) If the person qualifies as an
independent or nonpartisan candidate, the superintendent of the county shall
retain the entire amount of the fees.
Such fees shall be transmitted as soon as
practicable by the superintendent to the governing authority of the county, to
be applied toward the cost of holding the election;
(4) Qualification
fees paid to the Secretary of State shall be prorated and distributed as
follows:
(A) If the person qualifies as the
candidate of a political body, 75 percent shall be transmitted to the
appropriate political body and 25 percent shall be retained by the Secretary of
State; and
(B) If the person qualifies as an
independent or nonpartisan candidate, the Secretary of State shall retain the
entire amount of the fees.
Such fees shall be transmitted as soon as
practicable by the Secretary of State as follows: one-third to the state
treasury and two-thirds divided among the governing authorities of the counties
in proportion to the population of each county according to the last United
States decennial census, such fees to be applied to the cost of holding the
election;
(5) Qualification
fees paid to the superintendent of a municipality:
(A) If the person qualifies as a
candidate of a political body, 50 percent shall be transmitted to the state
executive committee of the appropriate political body and 50 percent shall be retained
by the superintendent of the municipality; and
(B) If the person qualifies as an
independent or nonpartisan candidate, the superintendent of the municipality
shall retain the entire amount of the fees.
Such fees shall be transmitted as soon as
practicable by the superintendent to the governing authority of the
municipality, to be applied toward the cost of holding the election.
History
Ga.
L. 1962, p. 504, § 1; Ga. L. 1963, p. 172, § 1; Code 1933, § 34-1004, enacted
by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1969, p. 329, § 10A; Code 1933, §
34-1013, enacted by Ga. L. 1970, p. 347, § 13; Ga. L. 1974, p. 4, § 2; Ga. L.
1982, p. 897, §§ 1, 2; Ga. L. 1983, p. 884, § 6-4; Ga. L. 1983, p. 1190, § 3; Ga.
L. 1987, p. 1360, § 4; Ga. L. 1988, p. 294, § 1; Ga. L. 1989, p. 10, § 1; Ga.
L. 1989, p. 643, § 1; Ga. L. 1992, p. 2510, § 1; Ga. L. 1993, p. 617, § 4; Ga.
L. 1995, p. 1027, § 2; Ga. L. 1997, p. 590, § 7; Ga. L. 1998, p. 295, § 1; Ga.
L. 1998, p. 1122, §§ 1, 2; Ga. L. 1999, p. 21, § 1; Ga. L. 1999, p. 52, § 4;
Ga. L. 2001, p. 240, § 7; Ga. L. 2001, p. 269, § 4; Ga. L. 2003, p. 517, § 10;
Ga. L. 2004, p. 103, § 1.
Annotations
Notes
EDITOR'S NOTES. --
Ga. L. 1983, p. 1190, § 1, not codified by the General
Assembly, provided that it was the intent of that Act to implement the
provisions of Ga. Const. 1983, Art. VI, Sec. VII, Para. I.
Ga. L. 1998, p. 295, § 1 and Ga. L. 1998,
p. 1122, § 1 made a conflicting change in paragraph (a)(1). Because the
governor signed Ga. L. 1998, p. 1122 later in time, the change made by that act
takes precedence.
Case Notes
JUDICIAL DECISIONS
PARAGRAPH (A)(2)
UNCONSTITUTIONAL. --The fee scale set out in former paragraph (a)(2) was in
violation of the equal protection clause of U.S. Const., amend. 14 and was
therefore unconstitutional. Stoner v. Fortson, 359 F. Supp. 579 (N.D. Ga. 1972)
commented on in 22 J. of Pub. L. 243 (1973) (decided prior to 1983
amendments).
REQUIREMENT OF
FILING FEE FOR INDIGENT CANDIDATE UNCONSTITUTIONAL. --To require of an indigent
independent candidate in a general election that the candidate come forward
with both a nominating petition and a qualifying fee, with no other means of
getting on the ballot, is a violation of equal protection. Georgia Socialist
Workers Party v. Fortson, 315 F. Supp. 1035 (N.D. Ga. 1970), aff'd sub nom.,
Jenness v. Fortson, 403 U.S. 431, 91 S. Ct. 1970, 29 L. Ed. 2d 554 (1971).
To prohibit
candidates from getting their names on the ballot solely because they cannot
post a certain amount of money is illegal and unconstitutional. Georgia
Socialist Workers Party v. Fortson, 315 F. Supp. 1035 (N.D. Ga. 1970), aff'd
sub nom., Jenness v. Fortson, 403 U.S. 431, 91 S. Ct. 1970, 29 L. Ed. 2d 554
(1971).
UNLESS ALTERNATE
METHOD OF BALLOT ACCESS PROVIDED. --The unconstitutionality of a mandatory
filing fee does not attach where the candidate can get the candidate's name on
the ballot in some other fashion, either by nominating petition, primary election,
or pauper's affidavit. Georgia Socialist Workers Party v. Fortson, 315 F. Supp.
1035 (N.D. Ga. 1970), aff'd sub nom., Jenness v. Fortson, 403 U.S. 431, 91 S.
Ct. 1970, 29 L. Ed. 2d 554 (1971).
REASONABLE FILING
FEE PERMITTED. --The state or a political party can impose, upon prospective
candidates, a filing fee the amount of which reasonably approximates the cost
of actually processing a candidate's application for a place on the ballot.
Stoner v. Fortson, 359 F. Supp. 579 (N.D. Ga. 1972) commented on in 22 J. of
Pub. L. 243 (1973) (decided prior to 1983 amendments).
PROVIDED IT IS NOT
DISCRIMINATORY. --The state or a political party can impose qualifying
requirements of prospective candidates so long as those requirements would not
depend upon the economic status of the candidates or the financial resources of
the voters or otherwise be so burdensome as to have a discriminatory effect.
Stoner v. Fortson, 359 F. Supp. 579 (N.D. Ga. 1972) commented on in 22 J. of
Pub. L. 243 (1973) (decided prior to 1983 amendments).
ERRONEOUSLY COMPUTED
QUALIFYING FEE. --Chief magistrate was entitled to the salary provided by law
for the magistrate's position, and not to a higher judicial salary based upon
an erroneously computed qualifying fee which the magistrate paid prior to
running for office. Rowland v. Tattnall County, 260 Ga. 109, 390 S.E.2d 217
(1990).
CITED in Jenness v.
Fortson, 403 U.S. 431, 91 S. Ct. 1970, 29 L. Ed. 2d 554 (1971); O'Keefe v.
Braddock, 237 Ga. 838, 229 S.E.2d 758 (1976).
Research References & Practice Aids
LAW REVIEWS. --
For comment on Stoner v. Fortson, Civil No. 16271 (N.D. Ga.
May 11, 1972), holding fee requirement for placement on primary ballot
unconstitutional, see 22 J. of Pub. L. 243 (1973). For comment on Jenness v.
Little, Civil No. 12762 (N.D. Ga. 1969), holding bar against placement of
candidate's name on ballot due to inability to pay qualifying fee is denial of
equal protection, see 18 J. of Pub. L. 483 (1969).
OPINIONS OF THE ATTORNEY
GENERAL
CANDIDATE FOR LAST
ONE-HALF OF AN UNEXPIRED TERM MUST PAY FULL QUALIFICATION FEE, just as if the
candidate were running for a full term. 1970 Op. Att'y Gen. No. U70-77.
QUALIFICATION FEES.
--Ga. L. 1968, p. 885, § 1 authorized city's governing authority to charge
qualification fees to those running for office in a general city election. 1969
Op. Att'y Gen. No. 69-330.
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, § 264 et seq.
ALR. --
Validity and effect of statutes exacting filing fees from
candidates for public office, 89 A.L.R.2d 864.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
Hierarchy Notes:
Part Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. TITLE 21 Chapter 2 Article 4 Part 1
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 4. SELECTION AND QUALIFICATION OF CANDIDATES AND PRESIDENTIAL ELECTORS > PART 1. GENERAL PROVISIONS
TITLE 21 Chapter 2 Article 4 Part 1 NOTE
Annotations
Notes
EDITOR'S NOTES. --
In light of the similarity of the statutory provisions, decisions under former Code 1933, § 34A-111 are included in the annotations for this part.
Case Notes
JUDICIAL DECISIONS
RESERVATION OF POWER BY CITY AS TO VOTER AND CANDIDATE QUALIFICATIONS. --Where contract between city and county authorized county to conduct a "valid election" but specifically reserved in city the power to render decisions "concerning the qualifications of electors, candidates and other matters involving factual or legal questions," county board of registration and elections did not have authority to issue a resolution recommending that appellant be disqualified. Campbell v. Fulton County Bd. of Registration & Elections, 249 Ga. 845, 295 S.E.2d 80 (1982) (decided under former Code 1933, § 34A-111).
OPINIONS OF THE ATTORNEY GENERAL
NOTICE OF INTENTION NEED NOT BE GIVEN IN ADVANCE BY WRITE-IN CANDIDATE IN SPECIAL ELECTION. 1969 Op. Att'y Gen. No. 69-59 (decided prior to enactment of O.C.G.A. 21-2-133).
Research References & Practice Aids
LAW REVIEWS. --
For note on the 2001 amendments to this part, see 18 Ga. St. U. L. Rev. 96 (2001).
ALR. --
Construction and application of statutes and ordinances concerning establishment of residency as condition for running for municipal office, 74 A.L.R.6th 209.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-136
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 4. SELECTION AND QUALIFICATION OF CANDIDATES AND PRESIDENTIAL ELECTORS > PART 1. GENERAL PROVISIONS
§ 21-2-136. Restriction on number of offices for which an
individual may be nominated or be a candidate at any one election
No
person shall be nominated, nor shall any person be a candidate in a primary,
election, or special election, for more than one of the following public
offices to be filled at any one election or special election: Governor,
Lieutenant Governor, Secretary of State, Attorney General, State School
Superintendent, Commissioner of Insurance, Commissioner of Agriculture,
Commissioner of Labor, United States senator or representative in Congress,
Public Service Commissioner, Justice of the Supreme Court, Judge of the Court
of Appeals, members of the Senate and House of Representatives of the General
Assembly, judge of superior court, district attorney, any elected county officer,
and any elected municipal officer.
History
Code 1933, § 34-1014, enacted by Ga. L. 1970, p. 347, § 13; Ga. L. 1984, p. 1, § 1; Ga. L. 1986, p. 855, § 4; Ga. L. 1998, p. 295, § 1; Ga. L. 1999, p. 52, § 8; Ga. L. 2001, p. 240, § 8.
Annotations
Case Notes
JUDICIAL DECISIONS
CITED in Jenness v. Fortson, 403 U.S. 431, 91 S. Ct. 1970, 29 L. Ed. 2d 554 (1971).
Research References & Practice Aids
OPINIONS OF THE ATTORNEY GENERAL
APPLICATION. --Candidate on ballot in special congressional primary may not be permitted to run at same time in general election for General Assembly. 1982 Op. Att'y Gen. No. U82-30.
Candidate who was on ballot in the August 10, 1982, general primary for state senator, State House of Representatives, or county commissioner may qualify and have that candidate's name placed on ballot in special congressional primary. 1982 Op. Att'y Gen. No. 82-67.
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, §§ 219, 230.
C.J.S. --
29 C.J.S., Elections, § 198 et seq.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
Hierarchy Notes:
Part Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-132
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 4. SELECTION AND QUALIFICATION OF
CANDIDATES AND PRESIDENTIAL ELECTORS
> PART 1. GENERAL PROVISIONS
§ 21-2-132. Filing notice of candidacy, nomination petition,
and affidavit; payment of qualifying fee; pauper's affidavit and qualifying
petition for exemption from qualifying fee; military service
(a) The
names of nominees of political parties nominated in a primary and the names of
nominees of political parties for the office of presidential elector shall be
placed on the election ballot without their filing the notice of candidacy
otherwise required by this Code section.
(b) Candidates
seeking election in a nonpartisan election shall comply with the requirements
of subsections (c) and (f) of this Code section, as modified by subsection (g)
of this Code section, by the date prescribed and shall by the same date pay to
the proper authority the qualifying fee prescribed by Code Section 21-2-131 in
order to be eligible to have their names placed on the nonpartisan election
ballots.
(c) All
candidates seeking election in a nonpartisan election shall file their notice
of candidacy and pay the prescribed qualifying fee by the date prescribed in
this subsection in order to be eligible to have their names placed on the
nonpartisan election ballot by the Secretary of State or election
superintendent, as the case may be, in the following manner:
(1) Each
candidate for the office of judge of the superior court, Judge of the Court of
Appeals, or Justice of the Supreme Court, or the candidate's agent, desiring to
have his or her name placed on the nonpartisan election ballot shall file a
notice of candidacy, giving his or her name, residence address, and the office
sought, in the office of the Secretary of State no earlier than 9:00 A.M. on
the Monday of the eleventh week immediately prior to the election and no later
than 12:00 Noon on the Friday immediately following such Monday,
notwithstanding the fact that any such days may be legal holidays;
(2) Each
candidate for a county judicial office, a local board of education office, or
an office of a consolidated government, or the candidate's agent, desiring to
have his or her name placed on the nonpartisan election ballot shall file
notice of candidacy in the office of the superintendent no earlier than 9:00
A.M. on the Monday of the eleventh week immediately prior to the election and
no later than 12:00 Noon on the Friday immediately following such Monday,
notwithstanding the fact that any such days may be legal holidays;
(3) (A)
Each candidate for a nonpartisan municipal office or a designee shall file a
notice of candidacy in the office of the municipal superintendent of such
candidate's municipality during the municipality's nonpartisan qualifying
period. Each municipal superintendent shall designate the days of such
qualifying period, which shall be no less than three days and no more than five
days. The days of the qualifying period shall be consecutive days. Nonpartisan
qualifying periods shall commence no earlier than 8:30 A.M. on the third Monday
in August immediately preceding the general election and shall end no later
than 4:30 P.M. on the following Friday; and, in the case of a special election,
the municipal nonpartisan qualifying period shall commence no earlier than the
date of the call and shall end no later than 25 days prior to the election.
(B) In any case in which no individual
has filed a notice of candidacy and paid the prescribed qualifying fee to fill
a particular office in a nonpartisan municipal election, the governing
authority of the municipality shall be authorized to reopen qualifying for
candidates at 9:00 A.M. on the Monday next following the close of the preceding
qualifying period and cease such qualifying at 5:00 P.M. on the Tuesday
immediately following such Monday, notwithstanding the fact that such days may
be legal holidays; and
(4) In
any case where an incumbent has filed notice of candidacy and paid the
prescribed qualifying fee in a nonpartisan election to succeed himself or
herself in office but withdraws as a candidate for such office prior to the
close of the applicable qualifying period prescribed in this subsection,
qualifying for candidates other than such incumbent shall be reopened at 9:00
A.M. on the Monday next following the close of the preceding qualifying period
and shall cease at 5:00 P.M. on the Tuesday immediately following such
reopening, notwithstanding the fact that any such days may be legal
holidays.
(d) All
political body and independent candidates shall file their notice of candidacy
and pay the prescribed qualifying fee by the date prescribed in this subsection
in order to be eligible to have their names placed on the election ballot by
the Secretary of State or election superintendent, as the case may be, in the
following manner:
(1) Each
elector for President or Vice President of the United States, or his or her
agent, desiring to have the names of his or her candidates for President and
Vice President placed on the election ballot shall file a notice of his or her
candidacy, giving his or her name, residence address, and the office he or she
is seeking, in the office of the Secretary of State during the period beginning
at 9:00 A.M. on the fourth Monday in June immediately prior to the election and
ending at 12:00 Noon on the Friday following the fourth Monday in June,
notwithstanding the fact that any such days may be legal holidays;
(2) Each
candidate for United States Senate, United States House of Representatives, or
state office, or his or her agent, desiring to have his or her name placed on
the election ballot shall file a notice of his or her candidacy, giving his or
her name, residence address, and the office he or she is seeking, in the office
of the Secretary of State during the period beginning at 9:00 A.M. on the
Monday of the thirty-fifth week immediately prior to the election and ending at
12:00 Noon on the Friday immediately following such Monday, notwithstanding the
fact that any such days may be legal holidays, in the case of a general
election. In the case of a special election to fill a federal office listed in
this subsection, each candidate shall file a notice of his or her candidacy,
giving his or her name, residence address, and the office he or she is seeking,
in the office of the Secretary of State no earlier than the date of the call of
the special election and no later than 60 days prior to the special election.
In the case of a special election to fill a state office, each candidate shall
file a notice of his or her candidacy, giving his or her name, residence
address, and the office he or she is seeking, in the office of the Secretary of
State no earlier than the date of the call of the special election and no later
than 25 days prior to the special election;
(3) Each
candidate for a county office, or his or her agent, desiring to have his or her
name placed on the election ballot shall file notice of his or her candidacy in
the office of the superintendent of his or her county during the period
beginning at 9:00 A.M. on the Monday of the thirty-fifth week immediately prior
to the election and ending at 12:00 Noon on the Friday immediately following
such Monday, notwithstanding the fact that any such days may be legal holidays,
in the case of a general election and no earlier than the date of the call of
the election and no later than 25 days prior to the election in the case of a
special election;
(4) Each
candidate for municipal office or a designee shall file a notice of candidacy
in the office of the municipal superintendent of such candidate's municipality
during the municipality's qualifying period. Each municipal superintendent
shall designate the days of the qualifying period, which shall be no less than
three days and no more than five days. The days of the qualifying period shall
be consecutive days. Qualifying periods shall commence no earlier than 8:30
A.M. on the third Monday in August immediately preceding the general election
and shall end no later than 4:30 P.M. on the following Friday; and, in the case
of a special election, the municipal qualifying period shall commence no
earlier than the date of the call and shall end no later than 25 days prior to
the election; and
(5) (A)
In extraordinary circumstances as described in Code Section 21-2-543.1, each
candidate, or his or her agent, desiring to have his or her name placed on the election
ballot shall file a notice of his or her candidacy, giving his or her name,
residence address, and the office he or she is seeking, with the office of the
Secretary of State no earlier than the date of the call of the special election
and no later than ten days after the announcement of such extraordinary
circumstances.
(B) The provisions of this subsection
shall not apply where, during the 75 day period beginning on the date of the
announcement of the vacancy:
(i) A regularly scheduled general
election for the vacant office is to be held; or
(ii) Another special election for the
vacant office is to be held pursuant to a writ for a special election issued by
the Governor prior to the date of the announcement of the vacancy.
The hours of qualifying each day shall be
from 8:30 A.M. until 4:30 P.M. with one hour allowed for the lunch break;
provided, however, that municipalities which have normal business hours which
cover a lesser period of time shall conduct qualifying during normal business
hours for each such municipality. Except in the case of a special election,
notice of the opening and closing dates and the hours for candidates to qualify
shall be published at least two weeks prior to the opening of the qualifying
period.
(e) Each
candidate required to file a notice of candidacy by this Code section shall, no
earlier than 9:00 A.M. on the fourth Monday in June immediately prior to the
election and no later than 12:00 Noon on the second Tuesday in July immediately
prior to the election, file with the same official with whom he or she filed
his or her notice of candidacy a nomination petition in the form prescribed in
Code Section 21-2-170, except that such petition shall not be required if such
candidate is:
(1) A
nominee of a political party for the office of presidential elector when such
party has held a national convention and therein nominated candidates for
President and Vice President of the United States;
(2) Seeking
office in a special election;
(3) An
incumbent qualifying as a candidate to succeed himself or herself;
(4) A
candidate seeking election in a nonpartisan election; or
(5) A
nominee for a state-wide office by a duly constituted political body
convention, provided that the political body making the nomination has
qualified to nominate candidates for state-wide public office under the
provisions of Code Section 21-2-180.
(f) Each
candidate required by this Code section to file a notice of candidacy shall
accompany his or her notice of candidacy with an affidavit stating:
(1) His
or her full name and the name as the candidate desires it to be listed on the
ballot. The surname of the candidate shall be the surname of the candidate as
it appears on the candidate's voter registration card unless the candidate
provides proof that his or her surname as it appears on the candidate's
registration card is incorrect in which event the correct name shall be listed.
After such name is submitted to the Secretary of State or the election superintendent,
the form of such name shall not be changed during the election for which such
notice of candidacy is submitted;
(2) His
or her residence, with street and number, if any, and his or her post office
address;
(3) His
or her profession, business, or occupation, if any;
(4) The
name of his or her precinct;
(5) That he or she is an elector of the
county or municipality of his or her residence eligible to vote in the election
in which he or she is a candidate;
(6) The name of the office he or she is
seeking;
(7) That he or she is eligible to hold
such office;
(8) That the candidate has never been
convicted and sentenced in any court of competent jurisdiction for fraudulent
violation of primary or election laws, malfeasance in office, or felony
involving moral turpitude or conviction of domestic violence under the laws of
this state or any other state or of the United States, or that the candidate's
civil rights have been restored and that at least ten years have elapsed from
the date of the completion of the sentence without a subsequent conviction of
another felony involving moral turpitude;
(9) That he or she will not knowingly
violate this chapter or rules and regulations adopted under this chapter;
and
(10) Any other information as may be
determined by the Secretary of State to be necessary to comply with federal and
state law.
The affidavit shall contain such other
information as may be prescribed by the officer with whom the candidate files
his or her notice of candidacy.
(g) A
pauper's affidavit may be filed in lieu of paying the qualifying fee otherwise
required by this Code section and Code Sections 21-2-131 and 21-2-138 of any
candidate who has filed a qualifying petition as provided for in subsection (h)
of this Code section. A candidate filing a pauper's affidavit instead of paying
a qualifying fee shall under oath affirm his or her poverty and his or her
resulting inability to pay the qualifying fee otherwise required. The form of
the affidavit shall be prescribed by the Secretary of State and shall include a
financial statement which lists the total income, assets, liabilities, and
other relevant financial information of the candidate and shall indicate on its
face that the candidate has neither the assets nor the income to pay the
qualifying fee otherwise required. The affidavit shall contain an oath that
such candidate has neither the assets nor the income to pay the qualifying fee
otherwise required. The following warning shall be printed on the affidavit
form prepared by the Secretary of State, to wit: "WARNING: Any person
knowingly making any false statement on this affidavit commits the offense of
false swearing and shall be guilty of a felony." The name of any candidate
who subscribes and swears to an oath that such candidate has neither the assets
nor the income to pay the qualifying fee otherwise required shall be placed on
the ballot by the Secretary of State or election superintendent, as the case
may be.
(h) No
candidate shall be authorized to file a pauper's affidavit in lieu of paying
the qualifying fee otherwise required by this Code section and Code Section
21-2-138 unless such candidate has filed a qualifying petition which complies
with the following requirements:
(1) A qualifying petition of a candidate
seeking an office which is voted upon state wide shall be signed by a number of
voters equal to one-fourth of 1 percent of the total number of registered
voters eligible to vote in the last election for the filling of the office the
candidate is seeking and the signers of such petition shall be registered and
eligible to vote in the election at which such candidate seeks to be elected. A
qualifying petition of a candidate for any other office shall be signed by a
number of voters equal to 1 percent of the total number of registered voters
eligible to vote in the last election for the filling of the office the
candidate is seeking and the signers of such petition shall be registered and
eligible to vote in the election at which such candidate seeks to be elected.
However, in the case of a candidate seeking an office for which there has never
been an election or seeking an office in a newly constituted constituency, the
percentage figure shall be computed on the total number of registered voters in
the constituency who would have been qualified to vote for such office had the
election been held at the last general election and the signers of such
petition shall be registered and eligible to vote in the election at which such
candidate seeks to be elected;
(2) Each person signing a qualifying
petition shall declare therein that he or she is a duly qualified and
registered elector of the state entitled to vote in the next election for the
filling of the office sought by the candidate supported by the petition and
shall add to his or her signature his or her residence address, giving
municipality, if any, and county, with street and number, if any. No person
shall sign the same petition more than once. Each petition shall support the
candidacy of only a single candidate. A signature shall be stricken from the
petition when the signer so requests prior to the presentation of the petition
to the appropriate officer for filing, but such a request shall be disregarded
if made after such presentation. Each sheet shall bear on the bottom or back
thereof the affidavit of the circulator of such sheet, which shall be
subscribed and sworn to by such circulator before a notary public and shall set
forth:
(A) His or her residence address, giving
municipality with street and number, if any;
(B) That each signer manually signed his
or her own name with full knowledge of the contents of the qualifying
petition;
(C) That each signature on such sheet
was signed within 180 days of the last day on which such petition may be filed;
and
(D) That, to the best of the affiant's
knowledge and belief, the signers are registered electors of the state
qualified to sign the petition, that their respective residences are correctly
stated in the petition, and that they all reside in the county named in the
affidavit;
(3) A qualifying petition shall be in
the form and manner determined by the Secretary of State and approved by the
State Elections Board;
(4) No qualifying petition shall be
circulated prior to 180 days before the last day on which such petition may be
filed, and no signature shall be counted unless it was signed within 180 days
of the last day for filing the same; and
(5) A qualifying petition shall not be
amended or supplemented after its presentation to the appropriate officer for
filing.
No notary public may sign the petition as an
elector or serve as a circulator of any petition which he or she notarized. Any
and all sheets of a petition that have the circulator's affidavit notarized by
a notary public who also served as a circulator of one or more sheets of the
petition or who signed one of the sheets of the petition as an elector shall be
disqualified and rejected.
(1) Notwithstanding any provision of law
to the contrary, any elected public officer who is performing ordered military
duty, as defined in Code Section 38-2-279, shall be eligible for reelection in
any primary or general election which may be held to elect a successor for the
next term of office, and may qualify in absentia as a candidate for reelection
to such office. The performance of ordered military duty shall not create a
vacancy in such office during the term for which such public officer was
elected.
(2) Where the giving of written notice
of candidacy is required, any elected public officer who is performing ordered
military duty may deliver such notice by mail, agent, or messenger to the
proper elections official. Any other act required by law of a candidate may,
during the time such officer is on ordered military duty, be performed by an
agent designated in writing by the absent public officer.
History
Ga.
L. 1922, p. 97, § 3; Code 1933, § 34-1904; Ga. L. 1948, Ex. Sess., p. 3, § 1;
Ga. L. 1962, p. 618, § 1; Code 1933, § 34-1001, enacted by Ga. L. 1964, Ex.
Sess., p. 26, § 1; Ga. L. 1965, p. 224, § 1; Ga. L. 1968, p. 826, § 1; Ga. L.
1968, p. 858, § 1; Ga. L. 1968, p. 871, § 5; Ga. L. 1969, p. 329, § 8B; Code
1933, § 34-1002, enacted by Ga. L. 1970, p. 347, § 13; Ga. L. 1971, p. 602, §
2; Ga. L. 1977, p. 1053, § 3; Ga. L. 1978, p. 1004, § 16; Ga. L. 1979, p. 955,
§ 4; Ga. L. 1981, p. 1718, §§ 4, 11; Ga. L. 1982, p. 1512, § 5; Ga. L. 1983, p.
140, § 1; Ga. L. 1983, p. 884, § 6-5; Ga. L. 1983, p. 930, § 3; Ga. L. 1983, p.
1190, § 4; Ga. L. 1984, p. 133, § 1; Ga. L. 1984, p. 780, § 1; Ga. L. 1984, p.
1038, § 1; Ga. L. 1985, p. 496, § 3; Ga. L. 1986, p. 32, § 1; Ga. L. 1986, p.
890, § 2; Ga. L. 1987, p. 647, § 1; Ga. L. 1987, p. 1360, § 5; Ga. L. 1989, p.
643, § 2; Ga. L. 1990, p. 243, § 1; Ga. L. 1993, p. 118, § 1; Ga. L. 1994, p.
1406, § 2; Ga. L. 1995, p. 1027, § 3; Ga. L. 1996, p. 145, § 1; Ga. L. 1997, p.
590, § 8; Ga. L. 1998, p. 295, § 1; Ga. L. 1999, p. 23, § 1; Ga. L. 1999, p. 52,
§ 5; Ga. L. 2001, p. 269, § 5; Ga. L. 2001, Ex. Sess., p. 325, § 2; Ga. L.
2002, p. 437, § 1; Ga. L. 2003, p. 517, § 11;
Ga. L. 2005, p. 253, §§ 13, 14/HB 244;
Ga. L. 2006, p. 69, § 1/SB 467;
Ga. L. 2008, p. 781, § 6/HB 1112;
Ga. L. 2009, p. 311, § 2/HB 156;
Ga. L. 2011, p. 678, § 1/HB 158;
Ga. L. 2011, p. 683, § 2A/SB 82;
Ga. L. 2012, p. 995, § 5/SB 92;
Ga. L. 2014, p. 1, § 1/HB 310;
Ga. L. 2016, p. 173, §§ 2, 3/SB 199;
Ga. L. 2016, p. 864, § 21/HB 737;
Ga. L. 2017, p. 697, § 3/HB 268;
Ga. L. 2018, p. 1112, § 21/SB 365.
Annotations
Notes
THE 2017 AMENDMENT,
effective July 1, 2017, rewrote paragraph (d)(1); added paragraph (d)(2);
redesignated former paragraph (d)(2) as present paragraph (d)(3); and, in
paragraph (d)(3), deleted "either" following "his or her
county" near the middle, and deleted "or during the period beginning
at 9:00 A.M. on the fourth Monday in June immediately prior to the election and
ending at 12:00 Noon on the Friday following the fourth Monday in June, notwithstanding
the fact that any such days may be legal holidays," following "may be
legal holidays," near the end; and redesignated former paragraphs (d)(3)
and (d)(4) as present paragraphs (d)(4) and (d)(5), respectively.
THE 2018 AMENDMENT,
effective May 8, 2018, part of an Act to revise, modernize, and correct the
Code, substituted "local board of education" for "local school
board" near the beginning of paragraph (c)(2).
EDITOR'S NOTES. --
In light of the similarity of the statutory provisions,
opinions decided under former Code 1933, § 34A-901 and former Code Section
21-3-91 are included in the annotations for this Code section.
CODE COMMISSION NOTES. --
Pursuant to Code Section 28-9-3, in 2011, the amendment of
subparagraphs (i)(1)(A) and (i)(1)(B) of this Code section by Ga. L. 2011, p.
678, § 1, was treated as impliedly repealed and superseded by Ga. L. 2011, p.
683, § 2A, due to irreconcilable conflict. See County of Butts v. Strahan, 151
Ga. 417 (1921); Keener v. McDougall, 232 Ga. 273 (1974).
EDITOR'S NOTES. --
Ga. L. 1983, p. 930, § 1, not codified by the General
Assembly, provided: "It is the intent of this Act to implement certain
changes required by Article II, Section I, Paragraph III and Article II,
Section II, Paragraph III of the Constitution of the State of
Georgia."
Ga. L. 1983, p. 1190, § 1, not codified by
the General Assembly, provided that it was the intent of that Act to implement
the provisions of Ga. Const. 1983, Art. VI, Sec. VII, Para. I.
Ga. L. 2011, p. 683, § 21A/SB 82, not
codified by the General Assembly, provides, in part that: "Section 2A of
this Act shall become effective on July 1, 2011, only if House Bill 158 is
passed by the General Assembly during the 2011 regular session and is approved
by the Governor or becomes law without such approval. Otherwise, Section 2A
shall be repealed by operation of law on such date and shall be of no force and
effect." House Bill 158 was Ga. L. 2011, p. 678, which was approved on May
13, 2011.
LAW REVIEWS. --
For article on the 2014 amendment of this Code section, see
31 Ga. St. U. L. Rev. 93 (2014).
ADMINISTRATIVE RULES
AND REGULATIONS. --
Appearance of candidate's name on ballot, Official
Compilation of the Rules and Regulations of the State of Georgia, Georgia
Election Code, Ballots, § 183-1-11-.02.
Case Notes
JUDICIAL DECISIONS
EFFECT OF FEDERAL
PRECLEARANCE PROCEDURE. --Where plaintiff political party held no convention in
1986 to choose its nominees but claimed it was denied ballot access by the fact
that it was notified of the resolution of the federal preclearance procedure
one day after the deadline for filing notice of candidacy, the court found no
merit in this argument since the notice of candidacy provision, enacted one
year before the June 9, 1986 preclearance determination was not altered by the
1986 amendments in O.C.G.A. T. 21 and thus was not subject to the preclearance
determination. Libertarian Party v. Harris, 644 F. Supp. 602 (N.D. Ga.
1986).
Where plaintiff
political body contended federal preclearance of the 1986 amendments to
O.C.G.A. T. 21 was "late," plaintiff should have complied with the
unchallenged Election Code requirements of holding a convention and filing
notice of candidacy. Libertarian Party v. Harris, 644 F. Supp. 602 (N.D. Ga.
1986).
LAWSUIT SEEKING NAME
PLACED ON BALLOT PROPERLY DISMISSED. --Trial court properly dismissed a
nominee's lawsuit seeking to have the nominee's name placed upon the ballot for
the 2016 general election as an independent candidate for President of the
United States because the notices of candidacy were submitted 11 days after the
deadline set forth in O.C.G.A. § 21-2-132(d)(1) and the nominee failed to have
enough signatures verified; thus, the nominee was not entitled to have the name
placed on the ballot. De La Fuente v. Kemp, 300 Ga. 79, 793 S.E.2d 89 (2016).
FOR COMPARISON OF
PROCEDURES FOLLOWED BY POLITICAL PARTIES AND POLITICAL BODIES, see McCrary v.
Poythress, 638 F.2d 1308 (5th Cir.), cert. denied, 454 U.S. 865, 102 S. Ct.
325, 70 L. Ed. 2d 165 (1981).
ELIGIBILITY AS
INDEPENDENT CANDIDATE. --Anyone who wishes, and who is otherwise eligible, may
be an independent candidate for any office in this state. McCrary v. Poythress,
638 F.2d 1308 (5th Cir.), cert. denied, 454 U.S. 865, 102 S. Ct. 325, 70 L. Ed.
2d 165 (1981).
District court
properly denied an independent candidate's motion for a preliminary injunction
to block enforcement of the Georgia deadline statute in future presidential
elections because the candidate failed to demonstrate that the candidate would
suffer irreparable harm if a preliminary injunction did not issue and gave no
reason to believe that the district court would be unable to rule on the
candidate's requests for a permanent injunction and declaratory relief in the
next three and a half years. De La Fuente v. Kemp, No. 16-15880, 2017 U.S. App.
LEXIS 2665 (11th Cir. Feb. 15, 2017).
District court
properly denied an independent candidate's motion for preliminary injunctive
relief as to the 2016 presidential election insofar as the candidate sought to
preclude enforcement of the Georgia deadline statute for the 2016 elections
because the appellate court could not prevent what had already occurred. De La
Fuente v. Kemp, No. 16-15880, 2017 U.S. App. LEXIS 2665 (11th Cir. Feb. 15,
2017).
WRITE-IN VOTES.
--The procedures provided for in O.C.G.A. §§ 21-2-132(c) and (d), 21-2-170(b)
and (g), 21-2-171(a), 21-2-172, and 21-2-322(7) relate only to the right to
have the name of a candidate or the nominee of a "political body"
printed on the ballot. There is no limitation whatever, procedural or
substantive, on the right of a voter to write in on the ballot the name of the
candidate of the candidate's choice and to have that write-in vote counted.
McCrary v. Poythress, 638 F.2d 1308 (5th Cir.), cert. denied, 454 U.S. 865, 102
S. Ct. 325, 70 L. Ed. 2d 165 (1981).
CANDIDATE'S FILING
OF A DRIVER'S LICENSE CHANGE OF ADDRESS FORM four days before declaring
candidacy did not cause the candidate to be qualified to vote in the district
the candidate sought to represent. Haynes v. Wells, 273 Ga. 106, 538 S.E.2d 430
(2000).
SUFFICIENCY OF
EVIDENCE FOR MAKING FALSE STATEMENTS IN FILING FOR CANDIDACY FOR POLITICAL
OFFICE. --In a case in which defendant appealed a conviction for false
swearing, in violation of O.C.G.A. § 16-10-71(a), challenging the sufficiency
of the evidence, the state failed to prove that defendant had the requisite
criminal intent to support the conviction when defendant signed a declaration
of candidacy for county commissioner as set forth in O.C.G.A. §§ 21-2-132 and
21-2-153. Pursuant to O.C.G.A. § 17-7-95(c), a judgment imposing a sentence
following a plea of nolo contendere was considered a conviction for some
purposes; however, such a conviction did not disqualify defendant from holding
public office or otherwise deprive defendant of any civil or political rights,
and there was no evidence that defendant intended to deceive the election board
or the voters, as defendant believed that the 1986 nolo contendere conviction
to a charge of aggravated assault was generally known in the county. Spillers
v. State, 299 Ga. App. 854, 683 S.E.2d 903 (2009).
CITED in Georgia
Socialist Workers Party v. Fortson, 315 F. Supp. 1035 (N.D. Ga. 1970); Jenness
v. Fortson, 403 U.S. 431, 91 S. Ct. 1970, 29 L. Ed. 2d 554 (1971); League of
Women Voters v. Board of Elections, 237 Ga. 40, 227 S.E.2d 225 (1976); O'Keefe
v. Braddock, 237 Ga. 838, 229 S.E.2d 758 (1976); Ashworth v. Fortson, 424 F.
Supp. 1178 (N.D. Ga. 1976); Belluso v. Poythress, 485 F. Supp. 904 (N.D. Ga.
1980); Bergland v. Harris, 767 F.2d 1551 (11th Cir. 1985).
Research References & Practice Aids
CROSS REFERENCES. --
Persons ineligible to hold public office, Ga. Const. 1983,
Art. II, Sec. II, Para. III. False swearing generally, § 16-10-71. Exercise of
Secretary of State's duty upon failure to comply with write-in candidacy
requirements, § 21-2-499. Penalties for offenses relating to nomination
petitions, §§ 21-2-563, 21-2-564. Penalty for making of false statement in
connection with filing of notice of candidacy, § 21-2-565. Qualifying in
absentia for magistrates serving on active duty, § 15-10-20.1.
OPINIONS OF THE ATTORNEY
GENERAL
QUALIFICATIONS FOR
UNITED STATES HOUSE OF REPRESENTATIVES. --Insofar as they require a candidate
for the United States House of Representatives to be a registered voter or to
be a resident of the district from which election is sought, Ga. Const. 1983,
Art. II, Sec. II, Para. III and O.C.G.A. § 21-2-132 are unenforceable. 1983 Op.
Att'y Gen. No. 83-62.
The only
qualifications a candidate must possess to be eligible to seek the office of
United States representative are those enumerated in U.S. Const., Art. I, Sec.
II, Para. II. 1983 Op. Att'y Gen. No. 83-62.
WHEN CANDIDATES TO
FILL VACANCY MUST QUALIFY. --Candidates seeking to fill the vacancy in the
office of Judge of the Probate Court of Gwinnett County must qualify at the
time specified in the call for the special election to fill the vacancy, which
time cannot be earlier than the date of the call and not later than 25 days
prior to the election, which must be held in conjunction with the 1986 November
general election. 1986 Op. Att'y Gen. No. 86-26.
METHODS FOR HAVING
NAME PLACED ON BALLOT. --The law set forth two methods by which an individual
might have their name placed on an election ballot; the first method entailed a
candidate's filing notice of candidacy in the office of the municipal
superintendent within a prescribed time limit; the second method involved the
nomination of a candidate by a political party or body. 1971 Op. Att'y Gen. No.
71-185 (decided under former Code 1933, § 34A-901).
POWERS OF CITY
CHARTER AS TO BALLOT REQUIREMENTS. --A city charter cannot eliminate one of the
methods by which a candidate might have a candidate's name placed on the
ballot; however, it can impose the additional requirement that a nominating
petition be presented by those not nominated by a political party. 1971 Op.
Att'y Gen. No. 71-185 (decided under former Code 1933, § 34A-901).
NOMINATING PETITION
is necessary only if the municipality's charter or ordinance so requires it,
and it must be in the form prescribed by law. 1971 Op. Att'y Gen. No. 71-185
(decided under former Code 1933, § 34A-901).
AUTHORITY OF
ELECTION SUPERINTENDENT TO SET DATES FOR QUALIFYING IN SPECIAL ELECTIONS. --An
election superintendent is vested with the authority and discretion to choose a
period between the date of the call for the special election and 25 days prior
to the special election for candidates to qualify to seek office in a special
election. 1986 Op. Att'y Gen. No. 86-33.
CANDIDATE FOR PARTY
PRIMARY NEED NOT QUALIFY IN PERSON. --Absent a requirement to the contrary in
the procedural rules of the candidate's party, a candidate for a party
nomination in a primary is not required to qualify in person. 1976 Op. Att'y
Gen. No. U76-23.
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, § 213 et seq.
C.J.S. --
29 C.J.S., Elections, §§ 179, 239 et seq.
ALR. --
Mandatory or directory character of statutory provision as
to time of filing candidate's application or certificate of nomination before
primary or election, 72 A.L.R. 290.
Construction and
application of statutes and ordinances concerning establishment of residency as
condition for running for municipal office, 74 A.L.R.6th 209.
Hierarchy Notes:
Title Note
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Chapter Note
Hierarchy Notes:
Article Note
Hierarchy Notes:
Part Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-132.1
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 4. SELECTION AND QUALIFICATION OF
CANDIDATES AND PRESIDENTIAL ELECTORS
> PART 1. GENERAL PROVISIONS
§ 21-2-132.1. Certification of presidential electors for
independent candidate for President or Vice President of the United States;
qualification
(a) An
independent candidate for the office of President or Vice President of the
United States shall file with the Secretary of State not later than the Friday
before the opening of qualifying for such office as provided in subsection (d)
of Code Section 21-2-132 a slate of candidates for the office of presidential
elector which such independent candidate has certified as being the
presidential electors for such independent candidate.
(b) The
candidates for presidential electors certified by an independent candidate for
the office of President or Vice President of the United States shall then
qualify for election to such office in accordance with Code Section
21-2-132.
(c) An
independent candidate for the office of President or Vice President of the United
States may certify a number of candidates for the office of presidential
elector that is equal to or less than the number of presidential electors who
may be elected from the State of Georgia.
History
Code
1981, § 21-2-132.1, enacted by Ga. L.
2019, p. 7, § 3/HB 316.
Annotations
Notes
EFFECTIVE DATE. --
This Code section became effective April 2, 2019.
Research References & Practice Aids
CROSS REFERENCES. --
The Executive Branch, U.S. Const., art. II.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
Hierarchy Notes:
Part Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-133
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 4. SELECTION AND QUALIFICATION OF
CANDIDATES AND PRESIDENTIAL ELECTORS
> PART 1. GENERAL PROVISIONS
§ 21-2-133. Giving notice of intent of write-in candidacy;
filing of affidavit; limitations on candidacy; certification of candidates
(a) No
person elected on a write-in vote shall be eligible to hold office unless
notice of his or her intention of candidacy was filed and published no earlier
than January 1 and no later than the Tuesday after the first Monday in
September prior to the election for county, state, and federal elections; no
later than seven days after the close of the qualifying period for nonpartisan
elections in the case of nonpartisan elections for state or county offices; no
later than seven days after the close of the municipal qualifying period for
municipal elections in the case of a general election; or no later than seven
days after the close of the special election qualifying period for a special
election by the person to be a write-in candidate or by some other person or
group of persons qualified to vote in the subject election, as follows:
(1) In
a state general or special election, notice shall be filed with the Secretary
of State and published in a newspaper of general circulation in the state;
(2) In
a general or special election of county officers, notice shall be filed with
the superintendent of elections in the county in which he or she is to be a
candidate and published in the official organ of the same county; or
(3) In
a municipal general or special election, notice shall be filed with the
superintendent and published in the official gazette of the municipality
holding the election.
In the event that such intention of candidacy
is filed and published by a person or group of persons other than the
candidate, such person or group of persons shall also file a written, notarized
authorization by the candidate for such filing and publication.
(b) In
addition to the requirements contained in subsection (a) of this Code section,
the person or persons giving notice of intention of candidacy for a write-in
candidate shall also file, with the appropriate official specified in paragraph
(1), (2), or (3) of subsection (a) of this Code section, a copy of the notice
as published with an affidavit stating that the notice has been published and
including the name of the newspaper and the date of publication, not later than
the fifth day after the deadline for filing and publishing such notice. The
affidavit may be made by the person giving notice of intention of candidacy or
by the publisher of the newspaper in which the notice was published or by an
employee of the newspaper designated by the publisher.
(c) No
person shall be eligible as a write-in candidate in a special or general
primary, a special or general primary runoff, or in a special or general
election runoff.
(d) No
person shall be eligible as a write-in candidate in a general or special
election if such person was a candidate for nomination or election to the same
office in the immediately preceding primary.
(e)
(1) The
Secretary of State shall certify and transmit to the election superintendent of
each county affected within five days following the deadline for the submission
by write-in candidates of the notice and documentation required by this Code
section to be a write-in candidate in a general or special election the names
of all persons who have filed notices of intention to be write-in candidates
with the Secretary of State for such general or special election.
(2) The
county election superintendent shall certify within five days following the
deadline for the submission by write-in candidates for county offices of the
notice and documentation required by this Code section to be a write-in
candidate in a general or special election the names of all persons who have
filed notices of intention to be write-in candidates with the county election
superintendent for county offices for such general or special election.
(3) The
municipal election superintendent shall certify within five days following the
deadline for the submission by write-in candidates for municipal offices of the
notice and documentation required by this Code section to be a write-in
candidate in a general or special election the names of all persons who have filed
notices of intention to be write-in candidates with the municipal election
superintendent for municipal offices for such general or special election.
History
Code
1933, § 34-1017, enacted by Ga. L. 1978, p. 1004, § 17; Ga. L. 1979, p. 963, §
1; Ga. L. 1987, p. 417, § 1; Ga. L. 1987, p. 1360, § 6; Ga. L. 1989, p. 682, §
1; Ga. L. 1997, p. 590, § 9; Ga. L. 1998, p. 295, § 1; Ga. L. 1999, p. 21, § 1;
Ga. L. 1999, p. 52, § 6; Ga. L. 2001, p. 230, § 5; Ga. L. 2001, p. 269, § 6;
Ga. L. 2001, Ex. Sess., p. 325, § 3; Ga. L. 2002, p. 437, § 1; Ga. L. 2005, p. 253, § 15/HB 244; Ga. L. 2011, p. 678, § 2/HB 158; Ga. L. 2012, p. 995, § 6/SB 92; Ga. L. 2017, p. 697, § 4/HB 268.
Annotations
Notes
THE 2017 AMENDMENT,
effective July 1, 2017, added the ending undesignated paragraph of subsection
(a).
EDITOR'S NOTES. --
Owing to the duplication in subsection designations in the
1987 amendments, the subsection (b) added by Ga. L. 1987, p. 1360 was
unofficially redesignated as subsection (d).
EDITOR'S NOTES. --
In light of the similarity of the statutory provisions,
opinions under former Code 1933, § 34A-910 are included in the annotations for
this Code section.
Case Notes
JUDICIAL DECISIONS
CONSTRUCTION WITH
O.C.G.A. § 21-2-494. --Trial court did not err in finding that O.C.G.A. §
21-2-494 was constitutional, despite an election challenger's claim that it
impermissibly allowed the exclusion of votes for write-in candidates and
because it did not require that voters be provided with notice that write-in
votes for unqualified candidates would not be counted, as: (1) it was
undisputed that nine write-in votes were cast for individuals who were not
eligible to hold office, as these people did not give proper notice of their
intention of candidacy; (2) no voters were disenfranchised; (3) each voter was
given the opportunity to vote for the candidate of his or her own choosing; and
(4) the legislature properly exercised its power when it limited the counting
of write-in votes to votes cast for qualified write-in candidates. Brodie v.
Champion, 281 Ga. 105, 636 S.E.2d 511 (2006).
Research References & Practice Aids
CROSS REFERENCES. --
Persons not eligible to hold office, Ga. Const. 1983, Art.
II, Sec. II, Para. III. Write-in votes in precincts using optical scanning
voting equipment, § 21-2-486.
LAW REVIEWS. --
For article, "Local Government Law," see 53 Mercer
L. Rev. 389 (2001).
For note on the
2001 amendment to this Code section, see 18 Ga. St. U. L. Rev. 114 (2001).
OPINIONS OF THE ATTORNEY
GENERAL
NOMINATING PETITION
IS NECESSARY ONLY IF THE MUNICIPALITY'S CHARTER OR ORDINANCE SO REQUIRES IT,
and it must be in the form prescribed by the law. 1971 Op. Att'y Gen. No.
71-185 (decided under former Code 1933, § 34A-910).
OFFICIAL QUALIFIED
TO DECLARE WRITE-IN CANDIDATE INELIGIBLE. --The appropriate official to declare
a write-in candidate for county office ineligible who has received a majority
of votes cast in the election but did not publish notice of intention of
candidacy at least 20 days prior to the election is the superintendent of
elections of the county. 1984 Op. Att'y Gen. No. 84-84.
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, §§ 232, 255, 295 et seq.
ALR. --
Elections: validity of state or local legislative ban on
write-in votes, 69 A.L.R.4th 948.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
Hierarchy Notes:
Part Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-135
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 4. SELECTION AND QUALIFICATION OF
CANDIDATES AND PRESIDENTIAL ELECTORS
> PART 1. GENERAL PROVISIONS
§ 21-2-135. Designation of specific office sought where
office has multiple officeholders with same title
(a)
(1) In
the case of a public office having multiple officeholders with the same title,
each candidate, including write-in candidates, shall designate the specific
office he or she is seeking, name the person such candidate is seeking to
succeed, and give such other appropriate designation as may be required by the
Secretary of State or election superintendent each time such candidate
qualifies with his or her party in the case of a primary, files a notice of
candidacy in the case of an election, or files a notice of candidacy as a
write-in candidate. The designation of the specific office and the name of the
person whom a candidate is seeking to succeed in the case of a public office
having multiple officeholders shall be entered on the ballot and ballot labels
in such manner that in the ensuing primary or election such candidate shall
only oppose the other candidate or candidates, if any, who designated the same
specific office and the same name.
(2) In
the case of a candidate, including a write-in candidate, seeking one of two or
more municipal public offices, each having the same title and each being filled
at the same election by the vote of the same electors, the applicable municipal
charter or ordinance provisions shall govern whether such candidate shall
designate the specific office he or she is seeking. If required to designate
the specific office, the candidate shall name his or her incumbent or give
other appropriate designation as specified in the charter or ordinance. Such
designation shall be entered on the ballot and ballot labels in such manner
that in the ensuing municipal primary or election such candidate shall only
oppose the other candidate or candidates, if any, designating the same specific
office.
(b) In
the case of the office of judge of a state court, judge of a superior court,
Judge of the Court of Appeals, or Justice of the Supreme Court, the name of the
person such candidate is seeking to succeed and such other designation as may
be required by the Secretary of State or election superintendent shall be
included in the title of the office on the ballot in all nonpartisan elections.
History
Code
1933, § 34-1002, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Code 1933, §
34-1015, enacted by Ga. L. 1970, p. 347, § 13; Ga. L. 1983, p. 1190, § 5; Ga.
L. 1984, p. 133, § 1; Ga. L. 1991, p. 631, § 1; Ga. L. 1998, p. 295, § 1; Ga.
L. 1999, p. 52, § 7; Ga. L. 2001, p. 269, § 8.
Annotations
Notes
EDITOR'S NOTES. --
Ga. L. 1983, p. 1190, § 1, not codified by the General
Assembly, provided that it was the intent of that Act to implement the
provisions of Ga. Const. 1983, Art. VI, Sec. VII, Para. I.
Case Notes
JUDICIAL DECISIONS
CITED in Jenness v.
Fortson, 403 U.S. 431, 91 S. Ct. 1970, 29 L. Ed. 2d 554 (1971); Georgia v.
United States, 411 U.S. 526, 93 S. Ct. 1702, 36 L. Ed. 2d 472 (1973); Bailey v.
Vining, 514 F. Supp. 452 (M.D. Ga. 1981).
Research References & Practice Aids
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, §§ 225, 230.
C.J.S. --
29 C.J.S., Elections, § 198 et seq.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
Hierarchy Notes:
Part Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-134
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 4. SELECTION AND QUALIFICATION OF
CANDIDATES AND PRESIDENTIAL ELECTORS
> PART 1. GENERAL PROVISIONS
§ 21-2-134. Withdrawal, death, or disqualification of
candidate for office; return of qualifying fee; nomination certificate
(a)
(1) A
candidate nominated at any primary election or nominated by means other than a
primary may withdraw as a candidate at the ensuing general election by filing a
notarized affidavit of withdrawal with the Secretary of State, if nominated for
a state office; the county superintendent, if nominated for a county office; or
the municipal superintendent, if nominated for a municipal office. If the
ballots have been printed, the Secretary of State, the county superintendent,
or the municipal superintendent may reprint the ballots to omit the name of the
withdrawn candidate. All votes cast for the withdrawn candidate shall be void
and shall not be counted. Prominent notices shall be posted in all polling
places in which the name of the withdrawn candidate appears on the ballot
stating that such candidate has withdrawn and that all votes cast for such
withdrawn candidate shall be void and shall not be counted. No vacancy on the
ballot for a general election or for a nonpartisan election shall be filled
except by reason of the death or disqualification of a candidate or the
withdrawal of a candidate as provided in paragraph (2) of subsection (b) of
this Code section.
(2) A
candidate in a general or special primary may withdraw as a candidate after
qualifying but prior to the date of the general or special primary by filing a
notarized affidavit of withdrawal with the Secretary of State, if qualifying
for a state office; the county election superintendent, if qualifying for a
county office; or the municipal superintendent, if qualifying for a municipal
office. A candidate of a political body or an independent candidate in a
general or special election may withdraw as a candidate after qualifying but
prior to the date of the general or special election by filing a notarized
affidavit of withdrawal with the Secretary of State, if qualifying for a state
office; the county election superintendent, if qualifying for a county office;
or the municipal superintendent, if qualifying for a municipal office. If the
ballots have been printed, the Secretary of State, the county election
superintendent, or the municipal superintendent may reprint the ballots to omit
the name of the withdrawn candidate. All votes cast for the withdrawn candidate
shall be void and shall not be counted. Prominent notices shall be posted in
all polling places in which the name of the withdrawn candidate appears on the
ballot stating that such candidate has withdrawn and that all votes cast for
such withdrawn candidate shall be void and shall not be counted.
(b) (1)
Any vacancy in any party nomination filled by a primary created by reason of
the death or disqualification of a candidate occurring after nomination may be
filled in the following manner:
(A) In the case of a public office to be
filled by the vote of the electors of this entire state in which the vacancy
occurs after nomination but at least ten days prior to the election to fill the
public office sought by such candidate, the vacancy may be filled by a
substitute nomination made by a convention composed of the delegates of the
county executive committee of such party in each county of this state.
Immediately upon such vacancy occurring, the state executive committee or a
subcommittee thereof appointed for the purpose shall fix a time within six days
of the occurrence of such vacancy; shall select and provide a convenient place
for the holding of such a convention, which shall be open to the public; and
shall give notice thereof to the chairperson and secretary of each county
executive committee. Each county executive committee shall be entitled to
select the number of delegates apportioned to it by the state executive
committee; provided, however, that each county executive committee shall be
entitled to select at least one delegate. Such apportionment of delegates among
the counties shall be based substantially upon the population of this state
according to the last United States decennial census or upon the number of
votes cast within this state for the party's candidates for presidential electors
in the last presidential election. A two-thirds' majority of the delegates of
such county executive committees shall constitute a quorum for the transaction
of business, and a majority of the delegates present while a quorum exists
shall be sufficient to fill such nomination by a substitute nomination. Each
delegate shall have one vote, and all votes taken shall be by a roll-call vote.
The records of the convention shall be filed with the state executive
committee. In the event such a vacancy in party nomination shall occur during
the ten days preceding the day of such an election, such vacancy may be filled
by a substitute nomination made by the state executive committee or a
subcommittee thereof appointed for that purpose;
(B) In the case of a public office for
which a candidate must qualify with the state executive committee, except a
public office to be filled by the vote of the electors of the entire state, the
nomination may remain vacant or may be filled at the decision of the state
executive committee of the party. The decision whether to fill such vacancy
shall be made by the state executive committee by 4:00 P.M. on the next
business day following the actual knowledge of the death or disqualification of
the candidate. The decision of the state executive committee shall be
immediately transmitted to the Secretary of State. If the Secretary of State
has not been notified of the decision of the state executive committee by 4:30
P.M. on the next business day following the actual knowledge of the vacancy, it
shall be conclusively presumed that the state executive committee has decided
not to fill the vacancy. If the state executive committee decides not to fill
the vacancy, the nomination shall remain vacant. If the state executive
committee decides to fill the vacancy, the vacancy shall be filled by a
substitute nomination made by the state executive committee or a subcommittee
thereof appointed for that purpose;
(C) In the case of a public office for
which a candidate must qualify with the county executive committee, the
nomination may remain vacant or may be filled at the decision of the state
executive committee of the party. The state executive committee or a
subcommittee thereof may determine on its own whether to fill the vacancy but is
authorized, though not required, to seek the recommendation of any of the
following persons for the purpose of determining whether to fill the vacancy:
the county executive committee, if any; persons from the area who are active in
the party; persons who are present or former officials of the party; persons
who presently hold political office or have sought political office as
candidates of the party; or such other persons as the committee or subcommittee
may desire to consult. The decision whether to fill such vacancy shall be made
by the state executive committee by 4:00 P.M. on the next business day
following the actual knowledge of the death or disqualification of the
candidate. The decision of the state executive committee shall be immediately
transmitted to the county superintendent. If the county superintendent has not
been notified of the decision of the state executive committee by 4:30 P.M. on
the next business day following the actual knowledge of the vacancy, it shall
be conclusively presumed that the state executive committee has decided not to
fill the vacancy. If the state executive committee decides not to fill the
vacancy, the nomination shall remain vacant. If the state executive committee
decides to fill the vacancy, the vacancy shall be filled by a substitute
nomination made by the state executive committee or a subcommittee thereof
appointed for that purpose. The state executive committee or a subcommittee
thereof may determine on its own who shall fill the vacancy as a substitute
nominee but is authorized, though not required, to seek the recommendation of
any of the following persons for the purpose of determining the most suitable
substitute nomination: the county executive committee, if any; persons from the
area who are active in the party; persons who are present or former officials
of the party; persons who presently hold political office or have sought
political office as candidates of the party; or such other persons as the
committee or subcommittee may desire to consult; and
(D) In the case of a public office for
which a candidate must qualify with the municipal executive committee, the
nomination may remain vacant or may be filled at the decision of the municipal
executive committee of the party. The decision whether to fill such vacancy
shall be made by the municipal executive committee by 4:00 P.M. on the next
business day following the actual knowledge of the death or disqualification of
the candidate. The decision of the municipal executive committee shall be
immediately transmitted to the municipal superintendent. If the municipal
superintendent has not been notified of the decision of the municipal executive
committee by 4:30 P.M. on the next business day following the actual knowledge
of the vacancy, it shall be conclusively presumed that the municipal executive
committee has decided not to fill the vacancy. If the municipal executive
committee decides not to fill the vacancy, the nomination shall remain vacant.
If the municipal executive committee decides to fill the vacancy, the vacancy
shall be filled by a substitute nomination made by the municipal executive
committee or a subcommittee thereof appointed for that purpose.
(2) Any vacancy which occurs in any
party nomination filled by a primary and which is created by reason of the
withdrawal of a candidate 60 or more days prior to the date of the election
shall be filled as follows:
(A) By the person seeking nomination in
such primary who received the second highest total of votes cast in such
primary for that office, provided that such person received not less than 40
percent of the votes cast for that office; or
(B) In the event no person received the
vote total required under subparagraph (A) of this paragraph, such vacancy
shall be filled in the same manner as provided in subparagraph (A), (B), (C),
or (D) of paragraph (1) of this subsection, as appropriate.
(3) Any vacancy which occurs in any
party nomination filled by a primary and which is created by reason of the
withdrawal of a candidate less than 60 days prior to the date of the election
shall not be filled. If the ballots have been printed, the Secretary of State,
the county superintendent, or the municipal superintendent may reprint the
ballots to omit the name of the withdrawn candidate. All votes cast for the
withdrawn candidate shall be void and shall not be counted. Prominent notices
shall be posted in all polling places in which the name of the withdrawn
candidate appears on the ballot stating that such candidate has withdrawn and
that all votes cast for such withdrawn candidate shall be void and shall not be
counted.
(c) Any
vacancy occurring in any body nomination or party nomination filled by means
other than by primary, by reason of the withdrawal, death, or disqualification
of any candidate after nomination, may be filled by a substitute nomination
made by such committee as is authorized by the rules and regulations of the
party or body to make nominations in the event of vacancies on the party or
body ticket.
(d) If
the withdrawal, death, or disqualification of a candidate after nomination for
any public office would at the time of such event result in there being no
candidate for that office on the ballot in the general election, then the
vacancy shall be filled by a special primary which shall be open only to the
party of such deceased, withdrawn, or disqualified candidate and the office
shall be filled by a special election as provided in Code Section
21-2-540.
(e) The
qualifying fee shall be returned to the candidate in the event such candidate
withdraws, dies, or is disqualified prior to the close of the qualifying
period; however, after the close of the qualifying period, the qualifying fee
shall not be returned to the candidate for any reason including withdrawal,
death, or disqualification; provided, however, that, if such disqualification
is the result of an error or negligence of the officer with whom such candidate
qualified and not the result of any action of the candidate and such error or
negligence is verified in writing by the Secretary of State, such fee may be
refunded to the candidate.
(f) Upon
the making of any such substitute nomination, in the manner prescribed in
subsection (b) or (c) of this Code section, it shall be the duty of the
chairperson and secretary of the convention or committee making the nomination
to file with the Secretary of State or with the superintendent, as the case may
be, a nomination certificate which shall be signed by such chairperson and
secretary. Every such certificate of nomination shall be sworn to by the
chairperson and secretary before an officer qualified to administer oaths.
History
Code
1933, § 34-1003, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1968, p.
871, § 6; Ga. L. 1969, p. 329, §§ 9, 10; Ga. L. 1970, p. 347, § 13; Ga. L.
1978, p. 781, § 1; Ga. L. 1982, p. 3, § 21; Ga. L. 1985, p. 1430, § 1; Ga. L.
1987, p. 1360, § 7; Ga. L. 1989, p. 643, § 3; Ga. L. 1994, p. 1406, § 3; Ga. L.
1995, p. 408, § 1; Ga. L. 1996, p. 26, § 1; Ga. L. 1997, p. 590, § 10; Ga. L.
1998, p. 295, § 1; Ga. L. 1999, p. 21, § 1; Ga. L. 2001, p. 269, § 7; Ga. L. 2005, p. 253, § 16/HB 244; Ga. L. 2008, p. 781, § 7/HB 1112; Ga. L. 2012, p. 995, § 7/SB 92.
Annotations
Case Notes
JUDICIAL DECISIONS
NOTICE OF
CANDIDATE'S WITHDRAWAL. --Evidence that the notices that a primary candidate
withdrew were conspicuously placed in the polling was sufficient evidence that
the notices were substantially in compliance with the requirements of O.C.G.A.
§ 21-2-134(a)(2) that notices be "conspicuous." Banker v. Cole, 278
Ga. 532, 604 S.E.2d 165 (2004).
When notices
required by O.C.G.A. § 21-2-134(a)(2) that a candidate in a primary election
withdrew did not state that votes for the withdrawn candidate would not be
counted, the notices did not substantially comply with by O.C.G.A. §
21-2-134(a)(2), because both the fact of the candidate's withdrawal and the
effect of voting for the withdrawn candidate had to be included in the notice.
Banker v. Cole, 278 Ga. 532, 604 S.E.2d 165 (2004).
Research References & Practice Aids
LAW REVIEWS. --
For annual survey of local government law, see 57 Mercer L.
Rev. 289 (2005).
OPINIONS OF THE ATTORNEY
GENERAL
WITHDRAWAL FROM
PRIMARY AFTER QUALIFYING DEADLINE. --If a qualified candidate withdraws from a
primary to accept another appointment after the qualifying deadline, but before
the primary is held, the party may not re-open qualifications for candidates in
such primary. 1970 Op. Att'y Gen. No. U70-140.
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, § 209 et seq.
C.J.S. --
29 C.J.S., Elections, §§ 181, 182.
ALR. --
Power of political party or its officials to withdraw
nominations, 155 A.L.R. 186.
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OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-139
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 4. SELECTION AND QUALIFICATION OF
CANDIDATES AND PRESIDENTIAL ELECTORS
> PART 1. GENERAL PROVISIONS
§ 21-2-139. Nonpartisan elections authorized; conduct
(a) Notwithstanding
any other provisions of this chapter to the contrary, the General Assembly may
provide by local Act for the election in nonpartisan elections of candidates to
fill county judicial offices, offices of local boards of education, and offices
of consolidated governments which are filled by the vote of the electors of
said county or political subdivision. Except as otherwise provided in this Code
section, the procedures to be employed in such nonpartisan elections shall
conform as nearly as practicable to the procedures governing nonpartisan
elections as provided in this chapter. Except as otherwise provided in this
Code section, the election procedures established by any existing local law
which provides for the nonpartisan election of candidates to fill county
offices shall conform to the general procedures governing nonpartisan elections
as provided in this chapter, and such nonpartisan elections shall be conducted
in accordance with the applicable provisions of this chapter, notwithstanding the
provisions of any existing local law. For those offices for which the General
Assembly, pursuant to this Code section, provided by local Act for election in
nonpartisan primaries and elections, such offices shall no longer require
nonpartisan primaries. Such officers shall be elected in nonpartisan elections
held and conducted in conjunction with the general primary in even-numbered
years in accordance with this chapter without a prior nonpartisan primary. This
Code section shall apply to all nonpartisan elections for members of
consolidated governments. All nonpartisan elections for members of consolidated
governments shall be governed by the provisions of this Code section and shall
be considered county elections and not municipal elections for the purposes of
this Code section. Nonpartisan elections for municipal offices shall be
conducted on the dates provided in the municipal charter.
(b) Either
a political party, as defined in this chapter, or a nonpartisan municipal
executive committee duly registered with the city clerk may conduct a municipal
primary for the purpose of electing its own officials or nominating candidates
for municipal elections. Every primary held for such purpose shall be presided
over and conducted in the manner prescribed by the rules and regulations of
such party or nonpartisan municipal executive committee, not inconsistent with
the law and the rules and regulations of the State Election Board; provided,
however, that all such primaries must be conducted in such manner as to guarantee
the secrecy of the ballot.
(c) Municipalities
may provide by their charter or by ordinance that no political party shall
conduct primaries for the purpose of nominating candidates for municipal
elections; provided, however, that the existing provisions of any charter or
ordinance prohibiting primaries by political parties shall not be repealed by
this subsection.
History
Code
1981, § 21-2-139, enacted by Ga. L. 1983, p. 1190, § 7; Ga. L. 1985, p. 496, §
4; Ga. L. 1994, p. 131, § 1; Ga. L. 1998, p. 295, § 1; Ga. L. 2001, p. 269, §
10; Ga. L. 2005, p. 253, § 18/HB
244; Ga. L. 2011, p. 678, § 4/HB
158; Ga. L. 2012, p. 995, § 9/SB
92; Ga. L. 2018, p. 1112, § 21/SB 365.
Annotations
Notes
THE 2018 AMENDMENT,
effective May 8, 2018, part of an Act to revise, modernize, and correct the
Code, substituted "local boards of education" for "local school
boards" in the middle of the first sentence of subsection (a).
EDITOR'S NOTES. --
Ga. L. 1983, p. 1190, § 1, not codified by the General Assembly,
provided that it was the intent of that Act to implement the provisions of Ga.
Const. 1983, Art. VI, Sec. VII, Para. I.
Ga. L. 2012, p. 995, § 45/SB 92, not
codified by the General Assembly, provides that: "Section 9 of this Act is
not intended by the General Assembly to change the effect of existing law but
only to clarify the intent of the General Assembly in enacting the original
legislation."
Ga. L. 2012, p. 995, § 46(b)/SB 92, not
codified by the General Assembly, provides that: "Section 9 of this Act
shall become effective on the first date upon which candidates may begin
qualifying for the general primary in 2012; provided, however, that if
implementation of Section 9 is not permissible on such date under the federal Voting
Rights Act of 1965, as amended, then Section 9 shall become effective on
January 1, 2013."
The United States Department of Justice
objected to Section 9 (which added the sixth and seventh sentences in
subsection (a)) under Section 5 of the Voting Rights Act of 1965, as amended,
on December 21, 2012. However, in the case of Howard v. Augusta-Richmond County
Commission, Case No. 1:14-cv-00097-JRH-BKE, Unit-
ed States District Court for the Southern
District of Georgia, Augusta Division, decided May 13, 2014, the court found
that, in light of the holding of the United States Supreme Court in Shelby
County v. Holden, 133 S.Ct. 2612, 186 L. Ed. 2d 651 (2013), such objection
under Section 5 was unenforceable and Section 9 was effective.
Research References & Practice Aids
ADMINISTRATIVE RULES AND
REGULATIONS. --
Ballot secrecy, Official Compilation of the Rules and
Regulations of the State of Georgia, Georgia Election Code, Ballots, §
183-1-11-.01.
LAW REVIEWS. --
For note on the 2001 amendment of this Code section, see 18
Ga. St. U. L. Rev. 96 (2001).
OPINIONS OF THE ATTORNEY
GENERAL
ELECTION OF CLERKS
OF STATE COURT ON PARTISAN BASIS. --In enacting Ga. Const. 1983, Art. VI, Sec.
VII, Para. I and O.C.G.A. §§ 21-2-138 and 21-2-139, the General Assembly did
not intend to place the election of clerks of state court on a nonpartisan
basis unless the General Assembly so provided by special legislation. 1985 Op.
Att'y Gen. No. U85-6.
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, §§ 223, 224.
C.J.S. --
29 C.J.S., Elections, § 198 et seq.
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OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. TITLE 21 Chapter 2 Article 4 Part 2
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 4. SELECTION AND QUALIFICATION OF CANDIDATES AND PRESIDENTIAL ELECTORS > PART 2. POLITICAL PARTY AND NONPARTISAN PRIMARIES
TITLE 21 Chapter 2 Article 4 Part 2 NOTE
Annotations
Notes
EDITOR'S NOTES. --
In light of the similarity of the statutory provisions, decisions decided under former Code 1933, Title 34 are included in the annotations for this part.
Case Notes
JUDICIAL DECISIONS
APPLICABILITY OF STATE ELECTION LAWS TO PARTY PRIMARY. --Whenever a political party holds a primary in this state, it is by law an integral part of the election machinery. Once a decision to hold a primary is made, state statutes take hold and direct every essential step from registration and qualification of voters to the placing of the names of the nominees on the general election ballot. King v. Chapman, 62 F. Supp. 639 (M.D. Ga. 1945), aff'd, 154 F.2d 460 (5th Cir.), cert. denied, 327 U.S. 800, 66 S. Ct. 905, 90 L. Ed. 1025 (1946) (decided under former Code 1933, Title 34).
Research References & Practice Aids
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OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-137
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 4. SELECTION AND QUALIFICATION OF CANDIDATES AND PRESIDENTIAL ELECTORS > PART 1. GENERAL PROVISIONS
§ 21-2-137. Qualifying with two political parties;
qualifying as independent or political body candidate and as political party
candidate
No
person shall qualify with any political party as a candidate for nomination to
any public office when such person has qualified for the same primary with
another political party as a candidate for nomination by that party for any
public office; nor shall a state, county, or municipal executive committee of
any political party certify any person as the candidate of that party when such
person has previously qualified as a candidate for nomination for any public
office for the same primary with another political party. No person shall file
a notice of candidacy as an independent or political body candidate for any
public office when such person has qualified for the same office to be filled
at the same election with any political party; nor shall any person qualify
with any political party when such person has filed a notice of candidacy as an
independent or political body candidate for the same office to be filled at the
same election.
History
Code 1933, § 34-1016, enacted by Ga. L. 1975, p. 686, § 1; Ga. L. 1983, p. 535, § 1; Ga. L. 1998, p. 295, § 1.
Annotations
Research References & Practice Aids
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, § 255 et seq.
C.J.S. --
29 C.J.S., Elections, § 236.
ALR. --
Constitutionality, construction, and application of statutes regarding party affiliations or change thereof as affecting eligibility to nomination for public office, 153 A.L.R. 641.
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OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-138
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 4. SELECTION AND QUALIFICATION OF CANDIDATES AND PRESIDENTIAL ELECTORS > PART 1. GENERAL PROVISIONS
§ 21-2-138. Nonpartisan elections for judicial offices
The
names of all candidates who have qualified with the Secretary of State for the
office of judge of a superior court, Judge of the Court of Appeals, or Justice
of the Supreme Court of this state and the names of all candidates who have
qualified with the election superintendent for the office of judge of a state
court shall be placed on the ballot in a nonpartisan election to be held and
conducted jointly with the general primary in each even-numbered year. No
candidates for any such office shall be nominated by a political party or by a
petition as a candidate of a political body or as an independent candidate.
Candidates for any such office shall have their names placed on the nonpartisan
portion of each ballot by complying with the requirements prescribed in Code
Section 21-2-132 specifically related to such nonpartisan candidates and by
paying the requisite qualifying fees as prescribed in Code Section 21-2-131.
Candidates shall be listed on the official ballot in a nonpartisan election as
provided in Code Sections 21-2-284.1 and 21-2-285.1, respectively. Except as
otherwise specified in this chapter, the procedures to be employed in
conducting the nonpartisan election of judges of state courts, judges of
superior courts, Judges of the Court of Appeals, and Justices of the Supreme
Court shall conform as nearly as practicable to the procedures governing
general elections; and such general election procedures as are necessary to
complete this nonpartisan election process shall be adopted in a manner
consistent with such nonpartisan elections.
History
Code 1933, § 34-1016, enacted by Ga. L. 1975, p. 1251, § 1; Ga. L. 1983, p. 1190, § 6; Ga. L. 1984, p. 133, § 1; Ga. L. 1984, p. 1490, § 7; Ga. L. 1998, p. 295, § 1; Ga. L. 2001, p. 269, § 9; Ga. L. 2005, p. 253, § 17/HB 244; Ga. L. 2011, p. 678, § 3/HB 158.
Annotations
Notes
EDITOR'S NOTES. --
Ga. L. 1983, p. 1190, § 1, not codified by the General Assembly, provided that it was the intent of that Act to implement the provisions of Ga. Const. 1983, Art. VI, Sec. VII, Para. I.
Case Notes
JUDICIAL DECISIONS
AGREEMENT TO CHANGE TO RETENTION ELECTION SYSTEM UNCONSTITUTIONAL. --In an action challenging Georgia's judicial election system under the Voting Rights Act, 42 U.S.C. § 1973 et seq., and the federal Constitution, a proposed consent decree that would have established retention elections instead of direct elections was rejected because it would have impermissibly decreased the power of the electorate in violation of the constitutional and statutory law of the state. Brooks v. State Bd. of Elections, 848 F. Supp. 1548 (S.D. Ga. 1994), appeal dismissed, 59 F.3d 1114 (11th Cir. 1995).
Research References & Practice Aids
LAW REVIEWS. --
For note on the 2001 amendment of this Code section, see 18 Ga. St. U. L. Rev. 96 (2001).
For comment, "Awakening a Slumbering Giant: Georgia's Judicial Selection System After White and Weaver," see 56 Mercer L. Rev. 1035 (2005).
OPINIONS OF THE ATTORNEY GENERAL
REELECTION OF SUPREME COURT JUSTICE APPOINTED TO FILL VACANCY. --When the Governor appoints to fill a vacancy on the Supreme Court, the appointee must stand for reelection in the nonpartisan judicial primary and also during the next general election in November, which is more than six months after his or her appointment. 1992 Op. Att'y Gen. No. U92-7.
ELECTION OF CLERKS OF STATE COURT ON PARTISAN BASIS. --In enacting Ga. Const. 1983, Art. VI, Sec. VII, Para. I and O.C.G.A. §§ 21-2-138 and 21-2-139, the General Assembly did not intend to place the election of clerks of state court on a nonpartisan basis unless the General Assembly so provided by special legislation. 1985 Op. Att'y Gen. No. U85-6.
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, § 255 et seq.
C.J.S. --
29 C.J.S., Elections, § 236.
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OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-140
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 4. SELECTION AND QUALIFICATION OF CANDIDATES AND PRESIDENTIAL ELECTORS > PART 1. GENERAL PROVISIONS
§ 21-2-140. Mandatory drug testing for candidates
Repealed
by Ga. L. 1998, p. 295, § 1, effective January 1, 1999.
Annotations
Notes
EDITOR'S NOTES. --
This Code section was based on Code 1981, § 21-2-140, enacted by Ga. L. 1990, p. 2015, § 1; Ga. L. 1992, p. 1612, §§ 1-3.
Research References & Practice Aids
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OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-153
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 4. SELECTION AND QUALIFICATION OF
CANDIDATES AND PRESIDENTIAL ELECTORS
> PART 2. POLITICAL PARTY AND NONPARTISAN PRIMARIES
§ 21-2-153. Qualification of candidates for party nomination
in a state or county primary; posting of list of all qualified candidates;
filing of affidavit with political party by each qualifying candidate;
performance of military service does not create vacancy
(a) A
candidate for any party nomination in a state or county primary may qualify by
either of the two following methods:
(1) Payment of a qualifying fee pursuant
to Code Section 21-2-131; or
(A) The submission of a pauper's
affidavit by any candidate who has filed a qualifying petition as provided for
in subsection (a.1) of this Code section, by which the candidate under oath
affirms his or her poverty and his or her resulting inability to pay the
qualifying fee otherwise required. The form of the affidavit shall be
prescribed by the Secretary of State and shall include a financial statement
which lists the total income, assets, liabilities, and other relevant financial
information of the candidate and shall indicate on its face that the candidate
has neither the assets nor the income to pay the qualifying fee otherwise
required. The affidavit shall contain an oath that such candidate has neither
the assets nor the income to pay the qualifying fee otherwise required. The
following warning shall be printed on the affidavit form prepared by the
Secretary of State, to wit: "WARNING: Any person knowingly making any
false statement on this affidavit commits the offense of false swearing and
shall be guilty of a felony." The name of any candidate who subscribes and
swears to an oath that such candidate has neither the assets nor the income to
pay the qualifying fee otherwise required shall be placed on the ballot by the
Secretary of State or election superintendent, as the case may be.
(B) If a candidate seeks to qualify for
a county or militia district office, the pauper's affidavit and financial
statement shall be presented to the county political party; otherwise, the
candidate shall file his or her pauper's affidavit and financial statement with
the state political party.
(a.1)No candidate
shall be authorized to file a pauper's affidavit in lieu of paying the
qualifying fee otherwise required by this Code section and Code Section
21-2-131 unless such candidate has filed a qualifying petition which complies
with the following requirements:
(1) A qualifying petition of a candidate
seeking an office which is voted upon state wide shall be signed by a number of
voters equal to one-fourth of 1 percent of the total number of registered
voters eligible to vote in the last election for the filling of the office the
candidate is seeking and the signers of such petition shall be registered and
eligible to vote in the election at which such candidate seeks to be elected. A
qualifying petition of a candidate for any other office shall be signed by a
number of voters equal to 1 percent of the total number of registered voters
eligible to vote in the last election for the filling of the office the
candidate is seeking and the signers of such petition shall be registered and
eligible to vote in the election at which such candidate seeks to be elected.
However, in the case of a candidate seeking an office for which there has never
been an election or seeking an office in a newly constituted constituency, the
percentage figure shall be computed on the total number of registered voters in
the constituency who would have been qualified to vote for such office had the
election been held at the last general election and the signers of such
petition shall be registered and eligible to vote in the election at which such
candidate seeks to be elected;
(2) Each person signing a qualifying
petition shall declare therein that he or she is a duly qualified and
registered elector of the state entitled to vote in the next election for the
filling of the office sought by the candidate supported by the petition and
shall add to his or her signature his or her residence address, giving
municipality, if any, and county, with street and number, if any. No person
shall sign the same petition more than once. Each petition shall support the
candidacy of only a single candidate. A signature shall be stricken from the
petition when the signer so requests prior to the presentation of the petition
to the appropriate officer for filing, but such a request shall be disregarded
if made after such presentation. Each sheet shall bear on the bottom or back
thereof the affidavit of the circulator of such sheet, setting forth:
(A) His or her residence address, giving
municipality with street and number, if any;
(B) That each signer manually signed his
or her own name with full knowledge of the contents of the qualifying
petition;
(C) That each signature on such sheet
was signed within 180 days of the last day on which such petition may be filed;
and
(D) That, to the best of the affiant's
knowledge and belief, the signers are registered electors of this state
qualified to sign the petition, that their respective residences are correctly
stated in the petition, and that they all reside in the county named in the
affidavit;
(3) A qualifying petition shall be in
the form and manner determined by the Secretary of State and approved by the
State Elections Board;
(4) No qualifying petition shall be
circulated prior to 180 days before the last day on which such petition may be
filed, and no signature shall be counted unless it was signed within 180 days
of the last day for filing the same; and
(5) A qualifying petition shall not be
amended or supplemented after its presentation to the appropriate officer for
filing.
(b) Unless
otherwise provided by law, all candidates for party nomination in a state or
county primary shall qualify as such candidates in accordance with the
procedural rules of their party; provided, however, that no person shall be
prohibited from qualifying for such office if he or she:
(1) Meets
the requirements of such procedural rules;
(2) Is
eligible to hold the office which he or she seeks;
(3) Is
not prohibited from being nominated or elected by provisions of Code Section
21-2-7 or 21-2-8; and
(4) If party rules so require, affirms
his or her allegiance to his or her party by signing the following oath:
"I
do hereby swear or affirm my allegiance to the (name of party)
Party."
(c) (1)
(A) In the case of a general state or county primary, the candidates or their
agents shall commence qualifying at 9:00 A.M. on the Monday of the eleventh
week immediately prior to the state or county primary and shall cease
qualifying at 12:00 Noon on the Friday immediately following such Monday,
notwithstanding the fact that any such days may be legal holidays. All
qualifying for federal and state offices shall be conducted in the state
capitol.
(C) In the case of a special primary for
a federal office, the candidate shall qualify no earlier than the date of the
call for the special primary and no later than 60 days immediately prior to the
date of such special primary, and such qualifying period shall be open for a
minimum of two and one-half days. In the case of a special primary for any
other office, the candidate shall qualify no earlier than the date of the call
for the special primary and no later than 25 days immediately prior to the date
of such special primary, and such qualifying period shall be open for a minimum
of two and one-half days.
(D) In any case where an incumbent has
qualified as a candidate to succeed himself or herself in office but withdraws
as a candidate for such office prior to the close of the applicable qualifying
period prescribed in this paragraph, qualifying for candidates other than such
incumbent shall be reopened at 9:00 A.M. on the Monday next following the close
of the preceding qualifying period and shall cease at 5:00 P.M. on the Tuesday
immediately following such reopening, notwithstanding the fact that any such
days may be legal holidays.
(2) If a political party has not
designated at least 14 days immediately prior to the beginning of qualifying a
party official in a county with whom the candidates of such party for county
elective offices shall qualify, the election superintendent of the county shall
qualify candidates on behalf of such party. The election superintendent shall
give notice in the legal organ of the county at least three days before the
beginning of qualifying giving the dates, times, and location for qualifying
candidates on behalf of such political party.
(d)
(1) Within two hours after the
qualifications have ceased, the county executive committee of each political
party shall post at the office of the county election superintendent a list of
all candidates who have qualified with such executive committee, and the state
executive committee of each political party shall provide a list of all
candidates who have qualified with such committee to the office of the
Secretary of State. If the election superintendent qualifies the candidates for
a political party in accordance with subsection (c) of this Code section, the
election superintendent shall post at his or her office a list of all the
candidates who have qualified with such superintendent for such political
party.
(2) Except as otherwise provided in Code
Section 21-2-154, it shall be unlawful for any person to add or remove any
candidates from either of the lists provided for in paragraph (1) of this
subsection following the posting of such lists unless such candidates have
died, withdrawn, or been disqualified. Any person who violates this paragraph
shall be guilty of a misdemeanor.
(e) Each
candidate for party nomination described in subsection (a) of this Code section
shall file an affidavit with the political party at the time of his or her
qualifying stating:
(1) His or her full name and the name as
the candidate desires it to be listed on the ballot. The surname of the
candidate shall be the surname of the candidate as it appears on the
candidate's voter registration card. After such name is certified by the
political party to the Secretary of State or the election superintendent, the
form of such name shall not be changed during the primary and election for
which such affidavit is submitted;
(2) His or her residence, with street
and number, if any, and his or her post office address;
(3) His or her profession, business, or
occupation, if any;
(4) The
name of his or her precinct;
(5) That
he or she is an elector of the county of his or her residence eligible to vote
in the primary election in which he or she is a candidate for nomination;
(6) The
name of the office he or she is seeking;
(7) That he or she is eligible to hold
such office;
(8) That
the candidate has never been convicted and sentenced in any court of competent
jurisdiction for fraudulent violation of primary or election laws, malfeasance
in office, or felony involving moral turpitude under the laws of this state or
any other state or of the United States, or that the candidate's civil rights
have been restored and that at least ten years have elapsed from the date of
the completion of the sentence without a subsequent conviction of another
felony involving moral turpitude;
(9) That
he or she will not knowingly violate this chapter or rules or regulations
adopted under this chapter; and
(10) Any
other information as may be determined by the Secretary of State to be
necessary to comply with federal and state law.
(f) Candidates for the office of
presidential elector or their agents who have been nominated in accordance with
the rules of a political party shall qualify beginning at 9:00 A.M. on the
Monday of the thirty-fifth week prior to the November general election in the
year in which a presidential election shall be held and shall cease qualifying
at 12:00 Noon on the Friday immediately following such Monday, notwithstanding
the fact that any such days may be legal holidays. All qualifying for the
office of presidential elector shall be conducted in the state capitol.
(1) Notwithstanding any provision of law
to the contrary, any elected public officer who is performing ordered military
duty, as defined in Code Section 38-2-279, shall be eligible for reelection in
any primary or general election which may be held to elect a successor for the
next term of office, and may qualify in absentia as a candidate for reelection
to such office. The performance of ordered military duty shall not create a
vacancy in such office during the term for which such public officer was
elected.
(2) Where the giving of written notice
of candidacy is required, any elected public officer who is performing ordered
military duty may deliver such notice by mail, agent, or messenger to the
proper elections official. Any other act required by law of a candidate may,
during the time such officer is on ordered military duty, be performed by an
agent designated in writing by the absent public officer.
History
Code
1933, § 34-1006, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1966, p.
501, § 1; Ga. L. 1969, p. 329, § 11; Code 1933, § 34-1005, enacted by Ga. L.
1970, p. 347, § 13; Ga. L. 1974, p. 4, § 1; Ga. L. 1975, p. 575, § 1; Ga. L.
1976, p. 205, § 1; Ga. L. 1977, p. 1053, § 4; Ga. L. 1978, p. 1004, § 18; Ga.
L. 1982, p. 3, § 21; Ga. L. 1982, p. 1512, § 5; Ga. L. 1983, p. 930, § 4; Ga.
L. 1984, p. 1038, § 2; Ga. L. 1985, p. 206, § 1; Ga. L. 1985, p. 496, § 5; Ga.
L. 1986, p. 32, § 1; Ga. L. 1987, p. 647, § 2; Ga. L. 1987, p. 1360, § 8; Ga.
L. 1989, p. 643, § 5; Ga. L. 1989, p. 903, § 1; Ga. L. 1990, p. 243, § 2; Ga.
L. 1992, p. 2510, § 2; Ga. L. 1993, p. 118, § 1; Ga. L. 1993, p. 617, § 5; Ga.
L. 1994, p. 1406, §§ 4, 5; Ga. L. 1996, p. 145, § 2; Ga. L. 1997, p. 590, § 12;
Ga. L. 1998, p. 295, § 1; Ga. L. 2001, p. 240, § 9; Ga. L. 2001, Ex. Sess., p.
325, § 7; Ga. L. 2003, p. 517, §§ 12-14;
Ga. L. 2005, p. 253, § 20/HB 244;
Ga. L. 2009, p. 311, § 3/HB 156;
Ga. L. 2011, p. 535, § 2/HB 302;
Ga. L. 2011, p. 683, § 4/SB 82; Ga. L. 2012, p. 995, § 10/SB 92; Ga. L. 2014, p. 1, § 3/HB 310.
Annotations
Notes
EDITOR'S NOTES. --
Ga. L. 1983, p. 930, § 1, not codified by the General
Assembly, provided: "It is the intent of this Act to implement certain
changes required by Article II, Section I, Paragraph III and Article II,
Section II, Paragraph III of the Constitution of the State of
Georgia."
Case Notes
JUDICIAL DECISIONS
SUFFICIENCY OF
INDICTMENT FOR MAKING FALSE STATEMENTS. --Indictment for "making false
statements in notice of candidacy" was sufficient even though it did not
expressly allege that defendant filed an affidavit at the time of defendant's
qualifying; the indictment did expressly allege that defendant knowingly and
willfully made a false statement about being a resident for one year in the
district and defendant's eligibility to hold office in connection with
qualifying as a candidate. State v. Kindberg, 211 Ga. App. 117, 438 S.E.2d 116
(1993).
PERSONS NOT
PREVIOUSLY QUALIFIED MAY NOT RUN IN RERUN OF CONTESTED PRIMARY. --The ordering
of a rerun of a primary, after a contest in a race is sustained, is no reason
for permitting other persons who were not properly qualified to run in the
contested primary to qualify and compete in the rerun. Ingram v. Lott, 238 Ga.
513, 233 S.E.2d 770 (1977).
SUFFICIENCY OF
EVIDENCE FOR MAKING FALSE STATEMENTS IN FILING FOR CANDIDACY FOR POLITICAL
OFFICE. --In a case in which defendant appealed a conviction for false
swearing, in violation of O.C.G.A. § 16-10-71(a), challenging the sufficiency
of the evidence, the state failed to prove that defendant had the requisite
criminal intent to support the conviction when defendant signed a declarations
of candidacy for county commissioner as set forth in O.C.G.A. §§ 21-2-132 and
21-2-153. Pursuant to O.C.G.A. § 17-7-95(c), a judgment imposing a sentence
following a plea of nolo contendere was considered a conviction for some
purposes; however, such a conviction did not disqualify defendant from holding
public office or otherwise deprive defendant of any civil or political rights,
and there was no evidence that defendant intended to deceive the election board
or the voters, as defendant believed that the 1986 nolo contendere conviction
to a charge of aggravated assault was generally known in the county. Spillers
v. State, 299 Ga. App. 854, 683 S.E.2d 903 (2009).
CITED in Jenness v.
Fortson, 403 U.S. 431, 91 S. Ct. 1970, 29 L. Ed. 2d 554 (1971); Stanford v.
Schmid, 229 Ga. 595, 193 S.E.2d 614 (1972); Johnson v. Fortson, 237 Ga. 367,
227 S.E.2d 392 (1976); Ashworth v. Fortson, 424 F. Supp. 1178 (N.D. Ga. 1976);
Haynes v. Wells, 273 Ga. 106, 538 S.E.2d 430 (2000).
Research References & Practice Aids
CROSS REFERENCES. --
Persons ineligible to hold public office, Ga. Const. 1983,
Art. II, Sec. II, Para. III. False swearing generally, § 16-10-71. Penalty for
making of false statement in connection with qualifying as candidate for party
nomination, § 21-2-565. Qualifying in absentia for magistrates serving on
active duty, § 15-10-20.1.
LAW REVIEWS. --
For article on the 2014 amendment of this Code section, see
31 Ga. St. U. L. Rev. 93 (2014).
OPINIONS OF THE ATTORNEY
GENERAL
CANDIDATE FOR PARTY
PRIMARY NEED NOT QUALIFY IN PERSON. --Absent a requirement to the contrary in
the procedural rules of the candidate's party, a candidate for a party
nomination in a primary is not required to qualify in person. 1976 Op. Att'y
Gen. No. U76-23.
AUTHORITY TO REFUSE
TO QUALIFY CANDIDATE. --The state and county executive committees of a
political party have the authority to refuse to qualify a candidate upon a
determination that such candidate does not meet the qualifications for
nomination to a public office. 1976 Op. Att'y Gen. No. 76-90.
WITHDRAWAL FROM
PRIMARY AFTER QUALIFYING DEADLINE. --If a qualified candidate withdraws from a
primary to accept another appointment after the qualifying deadline, but before
the primary is held, the party may not re-open qualifications for candidates in
such primary. 1970 Op. Att'y Gen. No. U70-140.
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, §§ 232, 253, 255.
C.J.S. --
29 C.J.S., Elections, §§ 208 et seq., 234, 235.
ALR. --
Extent of power of political party, committee, or officer to
exclude persons from participating in its primaries as voters or candidates, 70
A.L.R. 1501; 88 A.L.R. 473; 97 A.L.R. 685; 151 A.L.R. 1121.
Constitutionality, construction, and application of statutes regarding
party affiliations or change thereof as affecting eligibility to nomination for
public office, 153 A.L.R. 641.
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Hierarchy Notes:
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OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-150
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 4. SELECTION AND QUALIFICATION OF CANDIDATES AND PRESIDENTIAL ELECTORS > PART 2. POLITICAL PARTY AND NONPARTISAN PRIMARIES
§ 21-2-150. Date of general primary
Whenever
any political party holds a primary to nominate candidates for public offices
to be filled in the ensuing November election, such primary shall be held on
the Tuesday of the twenty-fourth week prior to the November general election in
each even-numbered year or, in the case of municipalities, on the third Tuesday
in July in each odd-numbered year.
History
Ga. L. 1953, Jan.-Feb. Sess., p. 244, § 8; Ga. L. 1953, Nov.-Dec. Sess., p. 335, § 2; Ga. L. 1961, p. 432, § 1; Ga. L. 1962, p. 15, § 1; Code 1933, § 34-801, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1971, p. 602, § 1; Ga. L. 1980, p. 1256, § 2; Ga. L. 1983, p. 1190, § 8; Ga. L. 1984, p. 133, § 1; Ga. L. 1989, p. 643, § 4; Ga. L. 1996, p. 101, § 1; Ga. L. 1997, p. 590, § 11; Ga. L. 1998, p. 295, § 1; Ga. L. 2001, p. 269, § 11; Ga. L. 2001, Ex. Sess., p. 325, § 6; Ga. L. 2011, p. 535, § 1/HB 302; Ga. L. 2014, p. 1, § 2/HB 310.
Annotations
Notes
EDITOR'S NOTES. --
Ga. L. 1983, p. 1190, § 1, not codified by the General Assembly, provided that it was the intent of that Act to implement the provisions of Ga. Const. 1983, Art. VI, Sec. VII, Para. I.
Case Notes
JUDICIAL DECISIONS
CITED in Ashworth v. Fortson, 424 F. Supp. 1178 (N.D. Ga. 1976).
Research References & Practice Aids
LAW REVIEWS. --
For article on the 2014 amendment of this Code section, see 31 Ga. St. U. L. Rev. 93 (2014).
For note on the 2001 amendment of this Code section, see 18 Ga. St. U. L. Rev. 96 (2001).
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, § 225.
C.J.S. --
29 C.J.S., Elections, § 198 et seq.
Hierarchy Notes:
Title Note
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Hierarchy Notes:
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Hierarchy Notes:
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OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-154
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 4. SELECTION AND QUALIFICATION OF
CANDIDATES AND PRESIDENTIAL ELECTORS
> PART 2. POLITICAL PARTY AND NONPARTISAN PRIMARIES
§ 21-2-154. Certification of political party candidates
(a) At
or before 12:00 Noon on the third day after the deadline for qualifying, the
county executive committee of each political party shall certify to the
superintendent and the state executive committee of each political party shall
certify to the Secretary of State, on forms prescribed by the Secretary of
State, all those candidates who have qualified with such committee for the succeeding
primary election. Such certification shall be accompanied by the appropriate
amount of the qualifying fees paid by such candidates as prescribed in
paragraph (1) or (2) of subsection (c) of Code Section 21-2-131 and a copy of
the declaration of candidacy and affidavit of each such candidate. Such
certification shall not be accepted if the political party has not registered
with the Secretary of State as required in Article 3 of this chapter. When the
election superintendent qualifies candidates on behalf of a political party
pursuant to subsection (c) of Code Section 21-2-153, the election
superintendent shall certify at or before 12:00 Noon on the third day after the
deadline for qualifying, on forms provided by the Secretary of State, all those
candidates of such political party who qualified with the election
superintendent.
(b) Any
candidate whose name does not appear on the list of candidates posted by a
county executive committee or the state executive committee pursuant to
subsection (d) of Code Section 21-2-153 shall not be certified under this Code
section; provided, however, that the name of a candidate who has properly
qualified whose name has been left off of the list of candidates through
inadvertence or clerical error may be placed upon such list upon the filing of
an affidavit by the county executive committee or the state executive
committee, as appropriate, attesting to such inadvertence or error. The county
executive committee of each political party shall attach to its certification a
copy of the affidavits required by paragraph (2) of subsection (b) of Code
Section 15-6-50, paragraph (2) of subsection (a) of Code Section 15-9-2,
subparagraph (c)(2)(A) of Code Section 15-16-1, paragraph (2) of subsection (b)
of Code Section 45-16-1, and paragraph (2) of subsection (b) of Code Section
48-5-210.
History
Code
1933, § 34-1006, enacted by Ga. L. 1970, p. 347, § 13; Ga. L. 1985, p. 496, §
6; Ga. L. 1989, p. 643, § 6; Ga. L. 1989, p. 903, § 2; Ga. L. 1989, p. 1091, §
5; Ga. L. 1990, p. 243, § 3; Ga. L. 1994, p. 96, § 1; Ga. L. 1997, p. 590, §
13; Ga. L. 1998, p. 295, § 1; Ga. L. 2001, p. 240, § 11.
Annotations
Case Notes
JUDICIAL DECISIONS
CITED in Jenness v.
Fortson, 403 U.S. 431, 91 S. Ct. 1970, 29 L. Ed. 2d 554 (1971); Stanford v.
Schmid, 229 Ga. 595, 193 S.E.2d 614 (1972); Stoner v. Fortson, 359 F. Supp. 579
(N.D. Ga. 1972); O'Keefe v. Braddock, 237 Ga. 838, 229 S.E.2d 758 (1976).
Research References & Practice Aids
C.J.S. --
29 C.J.S., Elections, § 239 et seq.
Hierarchy Notes:
Title Note
Hierarchy Notes:
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Hierarchy Notes:
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Hierarchy Notes:
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OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-153.1
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 4. SELECTION AND QUALIFICATION OF
CANDIDATES AND PRESIDENTIAL ELECTORS
> PART 2. POLITICAL PARTY AND NONPARTISAN PRIMARIES
§ 21-2-153.1. Qualification of candidates for party
nomination in a municipal primary; unopposed candidates; filing of affidavit
with political party; posting of list of all qualified candidates
(a) Unless
otherwise provided by law, all candidates for party nomination in a municipal
primary shall qualify as such candidates in accordance with the rules of their
party. In the case of a general municipal primary, the candidates, or their
agents, shall qualify at least 15 but not more than 45 days prior to the date
of such primary, and such qualifying period shall be open for a minimum of two
and one-half days. In the case of a special municipal primary, the candidates,
or their agents, shall qualify at least ten but not more than 30 days prior to
the date of such primary, and such qualifying period shall be open for a
minimum of two and one-half days. The executive committee or other rule-making
body of the party shall fix the qualifying date within the limitations provided
in this Code section.
(b) After
the expiration of the applicable qualification deadline prescribed in
subsection (a) of this Code section, each candidate for nomination to a
municipal office, having no opposing candidates within his or her own political
party, shall automatically become the nominee of his or her party for such
office if the applicable city charter or ordinance does not provide to the
contrary. The name of such an unopposed candidate and the title of the
nomination he or she is seeking shall not be placed upon the primary ballots or
ballot labels. The proper officials of his or her political party shall certify
the candidate as the party nominee for the office involved for the purpose of
having his or her name placed upon the election ballots or ballot labels. In
applying Code Sections 21-2-131 through 21-2-134, such an unopposed municipal
candidate shall be deemed to have been nominated in a primary held by his or
her political party.
(c) No
person shall qualify with any political party as a candidate for nomination to
any municipal office when such person has qualified for the same primary with
another political party as a candidate for nomination by that party for any
municipal office; nor shall a municipal or other appropriate executive
committee of a political party certify any person as the candidate of said
party when such person has previously qualified as a candidate for nomination
for any public office for the same primary with another political party.
(d) Each
candidate for party nomination described in subsection (a) of this Code section
shall file an affidavit with the political party at the time of his or her
qualifying stating:
(1) His or her full name and the name as
the candidate desires it to be listed on the ballot. The surname of the
candidate shall be the surname of the candidate as it appears on the
candidate's voter registration card. After such name is submitted by the
candidate to the political party, the form of such name shall not be changed during
the primary and election for which such affidavit is submitted;
(2) His or her residence, with street
and number, if any, and his or her post office address;
(3) His or her profession, business, or
occupation, if any;
(4) The name of his or her
precinct;
(5) That he or she is an elector of the
municipality of his or her residence and is eligible to vote in the primary
election in which he or she is a candidate for nomination;
(6) The name of the office he or she is
seeking;
(7) That he or she is eligible to hold
such office;
(8) That he or she has never been
convicted and sentenced in any court of competent jurisdiction for fraudulent
violation of primary or election laws, malfeasance in office, or felony
involving moral turpitude under the laws of this state or any other state or of
the United States, or that his or her civil rights have been restored; and
(9) That
he or she will not knowingly violate this chapter or any rules and regulations
adopted under this chapter.
(e) Within
two hours after the qualifications have ceased, the municipal executive
committee of each political party shall post a list of all candidates who have
qualified with such committee at city hall.
History
Code
1981, § 21-2-153.1, enacted by Ga. L. 1998, p. 295, § 1; Ga. L. 2001, p. 240, §
10; Ga. L. 2005, p. 253, § 21/HB 244.
Annotations
Notes
EDITOR'S NOTES. --
In light of the similarity of the statutory provisions,
opinions under former Code 1933, § 34A-906 are included in the annotations for
this Code section.
Research References & Practice Aids
CROSS REFERENCES. --
Persons ineligible to hold public office, Ga. Const. 1983,
Art. II, Sec. II, Para. III.
OPINIONS OF THE ATTORNEY
GENERAL
IF ALL CANDIDATES
ARE UNOPPOSED, OPENING OF POLLS UNNECESSARY. --It is not necessary to open the
polls when candidates have all been automatically nominated prior to any
primary pursuant to the provisions of subsection (b) of former Code 1933, §
34A-906. 1968 Op. Att'y Gen. No. 68-321 (decided under former Code 1933, §
34A-906).
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, §§ 236, 250 et seq.
C.J.S. --
29 C.J.S., Elections, § 205 et seq.
Hierarchy Notes:
Title Note
Hierarchy Notes:
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Hierarchy Notes:
Article Note
Hierarchy Notes:
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OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-152
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 4. SELECTION AND QUALIFICATION OF
CANDIDATES AND PRESIDENTIAL ELECTORS
> PART 2. POLITICAL PARTY AND NONPARTISAN PRIMARIES
§ 21-2-152. Conduct of primaries generally; run-off primary
(a) Primaries
shall be held and conducted in all respects in accordance with this chapter
relating to general elections and the provisions of this chapter relating to
general elections shall apply thereto, insofar as practicable and not
inconsistent with any other provisions of this chapter. All such primaries
shall be conducted in each precinct by the poll officers, by the use of the
same equipment and facilities, so far as practicable, as are used for such
general elections.
(b) A
political party, in nominating a candidate for public office in a municipal
primary, may also nominate persons to serve as poll officers for such
primaries, and the superintendent shall consider such nominations but shall
have discretion to appoint poll officers for each polling place in each
precinct.
(c) A
run-off primary shall be a continuation of the primary and only persons who
were entitled to vote in the primary shall be entitled to vote therein; and
only those votes cast for the persons designated for the runoff shall be
counted in the tabulation and canvass of the votes cast. Any elector who votes
in the primary of one party shall not be eligible to vote in a primary runoff
of any other party other than a primary runoff of the party in whose primary
such elector voted.
History
Code
1933, § 34-1005, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Code 1933, §
34-1008, enacted by Ga. L. 1970, p. 347, § 13; Ga. L. 1982, p. 1512, § 5; Ga.
L. 1998, p. 295, § 1; Ga. L. 2011, p.
683, § 3/SB 82.
Annotations
Case Notes
JUDICIAL DECISIONS
CITED in Jenness v.
Fortson, 403 U.S. 431, 91 S. Ct. 1970, 29 L. Ed. 2d 554 (1971).
Research References & Practice Aids
OPINIONS OF THE ATTORNEY
GENERAL
SUBSECTION (A) OF
THIS SECTION ALLOWS FOR INSTANCES WHERE THE GENERAL ELECTION AND PRIMARY
PROCEDURES MUST DIFFER. 1970 Op. Att'y Gen. No. U70-100.
CALLING OF SPECIAL
PRIMARY. --While the Election Code does not specify the exact method of calling
a special primary, the judge of the probate court is the officer generally
having jurisdiction of primaries, and the judge is the proper person to call a
special primary. 1970 Op. Att'y Gen. No. U70-128.
IT IS POSSIBLE TO
HOLD A SPECIAL PRIMARY AT THE SAME TIME AS THE GENERAL PRIMARY. 1970 Op. Att'y
Gen. No. U70-120.
Hierarchy Notes:
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Hierarchy Notes:
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Hierarchy Notes:
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OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-151
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 4. SELECTION AND QUALIFICATION OF
CANDIDATES AND PRESIDENTIAL ELECTORS
> PART 2. POLITICAL PARTY AND NONPARTISAN PRIMARIES
§ 21-2-151. Conduct of political party primaries
(a) A
political party shall nominate its candidates for public office in a primary.
Except for substitute nominations as provided in Code Section 21-2-134 and
nomination of presidential electors, all nominees of a political party for
public office shall be nominated in the primary preceding the general election
in which the candidates' names will be listed on the ballot.
(b) The
primary held for such purposes shall be conducted by the superintendent in the
same manner as prescribed by law and by rules and regulations of the State
Election Board and the superintendent for general elections. Primaries of all
political parties shall be conducted jointly.
History
Code
1933, § 34-1005, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Code 1933, §
34-1004, enacted by Ga. L. 1970, p. 347, § 13; Ga. L. 1983, p. 1190, § 9; Ga.
L. 1984, p. 133, § 1; Ga. L. 1998, p. 295, § 1; Ga. L. 2001, p. 269, § 12; Ga. L. 2005, p. 253, § 19/HB 244; Ga. L. 2012, p. 995, § 8/SB 92.
Annotations
Notes
EDITOR'S NOTES. --
Ga. L. 1983, p. 1190, § 1, not codified by the General
Assembly, provided that it was the intent of that Act to implement the
provisions of Ga. Const. 1983, Art. VI, Sec. VII, Para. I.
Case Notes
JUDICIAL DECISIONS
CITED in Georgia
Socialist Workers Party v. Fortson, 315 F. Supp. 1035 (N.D. Ga. 1970); Jenness
v. Fortson, 403 U.S. 431, 91 S. Ct. 1970, 29 L. Ed. 2d 554 (1971).
Research References & Practice Aids
LAW REVIEWS. --
For note on the 2001 amendment of this Code section, see 18
Ga. St. U. L. Rev. 96 (2001).
OPINIONS OF THE ATTORNEY
GENERAL
QUALIFYING FEE OF
UNQUALIFIED CANDIDATE NOT REFUNDABLE. --The qualifying fee of a candidate who,
subsequent to the payment of the fee, is held to be unqualified to run for the
office may not be refunded to the candidate. 1983 Op. Att'y Gen. No.
83-38.
LIMITATION ON
LISTING PARTY AFFILIATION ON BALLOT. --A candidate in an election may not list
party affiliation on the ballot unless the candidate has been nominated in a
primary or unless the candidate falls within certain statutory exceptions to
this rule. 1970 Op. Att'y Gen. No. U70-120.
IT IS POSSIBLE TO
HOLD A SPECIAL PRIMARY AT THE SAME TIME AS THE GENERAL PRIMARY. 1970 Op. Att'y
Gen. No. U70-120.
ONLY THE JUDGE OF
THE PROBATE COURT MAY CALL A SPECIAL PRIMARY. 1970 Op. Att'y Gen. No.
U70-128.
REELECTION OF
SUPREME COURT JUSTICE APPOINTED TO FILL VACANCY. --When the Governor appoints
to fill a vacancy on the Supreme Court, the appointee must stand for reelection
in the nonpartisan judicial primary and also during the next general election
in November, which is more than six months after his or her appointment. 1992
Op. Att'y Gen. No. U92-7.
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, § 225 et seq.
C.J.S. --
29 C.J.S., Elections, § 198 et seq.
ALR. --
Constitutionality of statute relating to power of committee
or officials of political party, 62 A.L.R. 924.
State court
jurisdiction over contest involving primary election for member of Congress, 68
A.L.R.2d 1320.
Validity of
percentage of vote or similar requirements for participation by political
parties in primary elections, 70 A.L.R.2d 1162.
Hierarchy Notes:
Title Note
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Hierarchy Notes:
Article Note
Hierarchy Notes:
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OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-155
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 4. SELECTION AND QUALIFICATION OF CANDIDATES AND PRESIDENTIAL ELECTORS > PART 2. POLITICAL PARTY AND NONPARTISAN PRIMARIES
§ 21-2-155. Reopening of qualification for office in event
of candidate's death or withdrawal of incumbent who qualified as candidate
prior to political party primary
In
the event of the death of a candidate or the withdrawal of an incumbent who
qualified as a candidate to succeed himself or herself in office, either of
which occurs after the close of qualifying for candidates for such office but
prior to the date of a political party primary, the state executive committee
or other committee of the party authorized by party rule or, in the case of a
municipal election, the municipal executive committee may reopen qualification
for the office sought by the deceased or withdrawn candidate for a period of
not less than one nor more than three days.
History
Code 1933, § 34-1007, enacted by Ga. L. 1970, p. 347, § 13; Ga. L. 1983, p. 1190, § 10; Ga. L. 1985, p. 1430, § 2; Ga. L. 1998, p. 295, § 1; Ga. L. 2001, p. 269, § 13; Ga. L. 2012, p. 995, § 11/SB 92.
Annotations
Notes
EDITOR'S NOTES. --
Ga. L. 1983, p. 1190, § 1, not codified by the General Assembly, provided that it was the intent of that Act to implement the provisions of Ga. Const. 1983, Art. VI, Sec. VII, Para. I.
Research References & Practice Aids
LAW REVIEWS. --
For note on the 2001 amendment of this Code section, see 18 Ga. St. U. L. Rev. 96 (2001).
OPINIONS OF THE ATTORNEY GENERAL
QUALIFICATIONS NOT REOPENED AFTER WITHDRAWAL OF CANDIDATE. --If a qualified candidate withdraws from a primary to accept another appointment after the qualifying deadline, but before the primary is held, the party may not reopen qualifications for candidates in such primary. 1970 Op. Att'y Gen. No. U70-140.
REOPENING WHERE OTHER CANDIDATES REMAIN IN CONTENTION. --Upon the death of a candidate prior to the date of a political primary, the state executive committee or other authorized committee of a party may reopen qualification for a period of not less than one nor more than three days, even though there may be other candidates remaining in contention for the office. 1990 Op. Att'y Gen. No. U90-13.
Hierarchy Notes:
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Hierarchy Notes:
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Hierarchy Notes:
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OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-156
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 4. SELECTION AND QUALIFICATION OF
CANDIDATES AND PRESIDENTIAL ELECTORS
> PART 2. POLITICAL PARTY AND NONPARTISAN PRIMARIES
§ 21-2-156. Payment of primary expenses
(a) The
expenses of a primary shall be paid by the respective county, except that the
expenses of municipal primaries shall be governed by subsections (b) and (c) of
this Code section, and forms listed under paragraph (5) of Code Section 21-2-50
shall be furnished upon request by the Secretary of State.
(b) The
expenses of a municipal primary shall be borne by the political party holding
such primary except as provided in this subsection and subsection (c) of this
Code section, and except that the expenses of providing polling places on
public premises and electors lists shall be paid by the respective
municipalities.
(c) The
governing authority of each municipality may in its discretion authorize the
payment by the municipality of any or all primary expenses other than those
required by subsection (b) of this Code section to be paid by the municipality.
This authorization of payment by the municipality of other primary expenses
shall extend only to the expenses of primaries conducted by political parties
which meet the definition of a "political party" contained in
paragraph (25) of Code Section 21-2-2. Such additional expenditures as a
municipal governing authority elects to make under this subsection are declared
to be for a public purpose.
History
Code
1933, § 34-1009, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1970, p.
347, § 13; Ga. L. 1998, p. 295, § 1.
Annotations
Case Notes
JUDICIAL DECISIONS
CITED in Jenness v.
Fortson, 403 U.S. 431, 91 S. Ct. 1970, 29 L. Ed. 2d 554 (1971).
Research References & Practice Aids
OPINIONS OF THE ATTORNEY
GENERAL
REJECTION OF
EXORBITANT BILL FOR ELECTION EXPENSES. --A county governing authority may
reject a bill for expenses submitted by a probate judge for the conduct of an
election in the event the county governing authority determines such bill to be
exorbitant; however, the county governing authority must pay the expenses of a
special primary even though the need for the special primary arose solely as a
result of an error on the part of the probate judge. 1978 Op. Att'y Gen. No.
U78-44.
AM. JUR. 2D. --
25 Am. Jur. 2d, Elections, § 159.
Hierarchy Notes:
Title Note
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Hierarchy Notes:
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OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-170
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 4. SELECTION AND QUALIFICATION OF
CANDIDATES AND PRESIDENTIAL ELECTORS
> PART 3. NOMINATION AND QUALIFICATION OF INDEPENDENT CANDIDATES,
CANDIDATES OF POLITICAL BODIES, AND PRESIDENTIAL ELECTORS
§ 21-2-170. Nomination of candidates by petition; form of
petition; signatures; limitations as to circulation and amendment of
petitions;listing of such candidates on ballots; charter or ordinance
authorization
(a) In
addition to the party nominations made at primaries, nominations of candidates
for public office other than municipal office may be made by nomination
petitions signed by electors and filed in the manner provided in this Code
section, and such nomination by petition may also be made for municipal public
office if provided for by the municipality's charter or by municipal ordinance.
Such petition shall be in the form prescribed by the officers with whom they
are filed, and no forms other than the ones so prescribed shall be used for
such purposes, but such petitions shall provide sufficient space for the
printing of the elector's name as well as for his or her signature. In addition
to the other requirements provided for in this Code section, each elector signing
a nomination petition shall also print his or her name thereon.
(b) A
nomination petition of a candidate seeking an office which is voted upon state
wide shall be signed by a number of voters equal to 1 percent of the total
number of registered voters eligible to vote in the last election for the
filling of the office the candidate is seeking and the signers of such petition
shall be registered and eligible to vote in the election at which such
candidate seeks to be elected. A nomination petition of a candidate for any
other office shall be signed by a number of voters equal to 5 percent of the
total number of registered voters eligible to vote in the last election for the
filling of the office the candidate is seeking and the signers of such petition
shall be registered and eligible to vote in the election at which such
candidate seeks to be elected. However, in the case of a candidate seeking an
office for which there has never been an election or seeking an office in a
newly constituted constituency, the percentage figure shall be computed on the
total number of registered voters in the constituency who would have been
qualified to vote for such office had the election been held at the last
general election and the signers of such petition shall be registered and
eligible to vote in the election at which such candidate seeks to be
elected.
(c) Each
person signing a nomination petition shall declare therein that he or she is a
duly qualified and registered elector of the state, county, or municipality
entitled to vote in the next election for the filling of the office sought by
the candidate supported by the petition and shall add to his or her signature
his or her residence address, giving municipality, if any, and county, with
street and number, if any, and be urged to add the person's date of birth which
shall be used for verification purposes. No person shall sign the same petition
more than once. Each petition shall support the candidacy of only a single
candidate, except any political body seeking to have the names of its
candidates for the offices of presidential electors placed upon the ballot
through nomination petitions shall not compile a separate petition for each
candidate for such office, but such political body shall compile its petitions
so that the entire slate of candidates of such body for such office shall be
listed together on the same petition. A signature shall be stricken from the
petition when the signer so requests prior to the presentation of the petition
to the appropriate officer for filing, but such a request shall be disregarded
if made after such presentation.
(d) A
nomination petition shall be on one or more sheets of uniform size and
different sheets must be used by signers resident in different counties or municipalities.
The upper portion of each sheet, prior to being signed by any petitioner, shall
bear the name and title of the officer with whom the petition will be filed,
the name of the candidate to be supported by the petition, his or her
profession, business, or occupation, if any, his or her place of residence with
street and number, if any, the name of the office he or she is seeking, his or
her political body affiliation, if any, and the name and date of the election
in which the candidate is seeking election. If more than one sheet is used,
they shall be bound together when offered for filing if they are intended to
constitute one nomination petition, and each sheet shall be numbered
consecutively, beginning with number one, at the foot of each page. Each sheet
shall bear on the bottom or back thereof the affidavit of the circulator of
such sheet, which affidavit must be subscribed and sworn to by such circulator
before a notary public and shall set forth:
(1) His or her residence address, giving
municipality with street and number, if any;
(2) That each signer manually signed his
or her own name with full knowledge of the contents of the nomination
petition;
(3) That each signature on such sheet
was signed within 180 days of the last day on which such petition may be filed;
and
(4) That, to the best of the affiant's
knowledge and belief, the signers are registered electors of the state
qualified to sign the petition, that their respective residences are correctly
stated in the petition, and that they all reside in the county or municipality
named in the affidavit.
No notary public may sign the petition as an
elector or serve as a circulator of any petition which he or she notarized. Any
and all sheets of a petition that have the circulator's affidavit notarized by
a notary public who also served as a circulator of one or more sheets of the
petition or who signed one of the sheets of the petition as an elector shall be
disqualified and rejected.
(e) No
nomination petition shall be circulated prior to 180 days before the last day
on which such petition may be filed, and no signature shall be counted unless
it was signed within 180 days of the last day for filing the same.
(f) A nomination petition shall not be
amended or supplemented after its presentation to the appropriate officer for
filing.
(g) Only those candidates whose
petitions are accompanied by a certificate sworn to by the chairperson and
secretary of a political body duly registered with the Secretary of State as required
by Code Section 21-2-110, stating that the named candidate is the nominee of
that political body by virtue of being nominated in a convention, as prescribed
in Code Section 21-2-172, shall be listed on the ballot under the name of the
political body. All petition candidates not so designated as the nominee of a
political body shall be listed on the ballot in the independent column.
(h) Notwithstanding the provisions of
this Code section, candidates for municipal offices may be nominated by petitions
as provided for in this Code section only if the municipality authorizes such
nominations by petitions in its charter or by ordinance.
History
Ga.
L. 1922, p. 97, § 3; Code 1933, § 34-1904; Ga. L. 1943, p. 292, § 1; Ga. L.
1962, p. 618, § 1; Code 1933, § 34-1010, enacted by Ga. L. 1964, Ex. Sess., p.
26, § 1; Ga. L. 1968, p. 257, § 1; Ga. L. 1968, p. 871, § 7; Ga. L. 1970, p.
347, § 13; Ga. L. 1974, p. 4, § 3; Ga. L. 1975, p. 861, § 1; Ga. L. 1979, p.
616, § 1; Ga. L. 1983, p. 140, § 1; Ga. L. 1986, p. 890, § 3; Ga. L. 1987, p.
34, § 1; Ga. L. 1990, p. 243, § 4; Ga. L. 1991, p. 133, § 1; Ga. L. 1998, p.
295, § 1; Ga. L. 1999, p. 23, § 2; Ga. L. 2001, p. 240, § 12.
Annotations
Notes
EDITOR'S NOTES. --
In light of the similarity of the statutory provisions,
opinions decided under former Code 1933, § 34A-910 are included in the
annotations for this Code section.
Case Notes
JUDICIAL DECISIONS
PERCENTAGE
REQUIREMENT NOT UNCONSTITUTIONAL. --As a matter of law, Georgia's requirement
of five percent of the signatures of eligible voters on nominating petitions is
neither unreasonable nor does it constitute invidious, intentional, or
purposeful discrimination. Georgia Socialist Workers Party v. Fortson, 315 F.
Supp. 1035 (N.D. Ga. 1970), aff'd sub nom., Jenness v. Fortson, 403 U.S. 431,
91 S. Ct. 1970, 29 L. Ed. 2d 554 (1971).
Georgia's five
percent petition requirement does not violate the United States Constitution.
Jenness v. Fortson, 403 U.S. 431, 91 S. Ct. 1970, 29 L. Ed. 2d 554 (1971).
Georgia's
requirement under O.C.G.A. § 21-2-170(b) that a candidate for federal office
could appear on an election ballot if the candidate obtained signatures in a
nominating petition from at least five percent of the registered voters was not
a substantive qualification, but a permissible procedural regulation of the
manner in which candidates could obtain ballot placement; therefore, the
requirement did not violate the Qualifications Clause of the United States
Constitution. Cartwright v. Barnes, 304 F.3d 1138 (11th Cir. 2002), cert.
denied, 538 U.S. 908, 123 S. Ct. 1500, 155 L. Ed. 2d 229 (2003).
PRECLEARANCE OF 1986
AMENDMENTS. --Plaintiff political body claimed that expecting it to begin a signature
drive with the possibility that the 1986 amendments to this title might not be
precleared and therefore the possibility that it would have to obtain 2.5
percent of the eligible voters' signatures instead of 1 percent "demands
politically absurd behavior by movants," and was unconstitutionally
burdensome was meritless since the convention requirement and the notice of
candidacy requirement were not in doubt. Libertarian Party v. Harris, 644 F.
Supp. 602 (N.D. Ga. 1986). See also notes to §§ 21-2-130, 21-2-132, and
21-2-187.
GEORGIA IMPOSES NO
SUFFOCATING RESTRICTIONS WHATEVER upon the free circulation of nominating
petitions. Jenness v. Fortson, 403 U.S. 431, 91 S. Ct. 1970, 29 L. Ed. 2d 554
(1971).
RIGHTS OF
INDEPENDENT CANDIDATES AND SMALL OR NEWLY FORMED POLITICAL ORGANIZATIONS
GENERALLY. --So far as the election laws of this state are concerned,
independent candidates and members of small or newly formed political
organizations are wholly free to associate, to proselytize, to speak, to write,
and to organize campaigns for any school of thought they wish. They may confine
themselves to an appeal for write-in votes. Or they may seek, over a six-month
period, the signatures of five percent of the eligible electorate for the
office in question. If they choose the latter course, the way is open for this
state imposes no suffocating restrictions whatever upon the free circulation of
nominating petitions. McCrary v. Poythress, 638 F.2d 1308 (5th Cir.), cert.
denied, 454 U.S. 865, 102 S. Ct. 325, 70 L. Ed. 2d 165 (1981).
FOR COMPARISON OF
PROCEDURES FOLLOWED BY POLITICAL PARTIES AND POLITICAL BODIES, see McCrary v.
Poythress, 638 F.2d 1308 (5th Cir.), cert. denied, 454 U.S. 865, 102 S. Ct.
325, 70 L. Ed. 2d 165 (1981).
SIGNING MORE THAN
ONE PETITION. --A voter may sign a petition even though the voter has signed
others. Jenness v. Fortson, 403 U.S. 431, 91 S. Ct. 1970, 29 L. Ed. 2d 554
(1971).
SIGNER NEED NOT
STATE INTENTION TO VOTE FOR THAT CANDIDATE. -- Jenness v. Fortson, 403 U.S. 431,
91 S. Ct. 1970, 29 L. Ed. 2d 554 (1971); McCrary v. Poythress, 638 F.2d 1308
(5th Cir.), cert. denied, 454 U.S. 865, 102 S. Ct. 325, 70 L. Ed. 2d 165
(1981).
SIGNERS MAY
PARTICIPATE IN PRIMARIES. --A person who has previously voted in a party primary
is fully eligible to sign a petition. Jenness v. Fortson, 403 U.S. 431, 91 S.
Ct. 1970, 29 L. Ed. 2d 554 (1971); McCrary v. Poythress, 638 F.2d 1308 (5th
Cir.), cert. denied, 454 U.S. 865, 102 S. Ct. 325, 70 L. Ed. 2d 165 (1981).
A voter who has
signed the petition of a nonparty candidate is free thereafter to participate
in a party primary. Jenness v. Fortson, 403 U.S. 431, 91 S. Ct. 1970, 29 L. Ed.
2d 554 (1971); McCrary v. Poythress, 638 F.2d 1308 (5th Cir.), cert. denied,
454 U.S. 865, 102 S. Ct. 325, 70 L. Ed. 2d 165 (1981).
PERSONS NOT
REGISTERED AT TIME OF PREVIOUS ELECTION MAY SIGN. --A person who was not even
registered at the time of the previous election is fully eligible to sign the
nominating petition. Jenness v. Fortson, 403 U.S. 431, 91 S. Ct. 1970, 29 L.
Ed. 2d 554 (1971); McCrary v. Poythress, 638 F.2d 1308 (5th Cir.), cert.
denied, 454 U.S. 865, 102 S. Ct. 325, 70 L. Ed. 2d 165 (1981).
NO SIGNATURE ON A
NOMINATING PETITION NEED BE NOTARIZED. Jenness v. Fortson, 403 U.S. 431, 91 S.
Ct. 1970, 29 L. Ed. 2d 554 (1971); McCrary v. Poythress, 638 F.2d 1308 (5th
Cir.), cert. denied, 454 U.S. 865, 102 S. Ct. 325, 70 L. Ed. 2d 165
(1981).
CIRCULATOR AND
SIGNER OF PETITION MAY NOT NOTARIZE AFFIDAVITS. --A notary who circulated part
of a nominating petition and also signed the petition was disqualified from
notarizing circulators' affidavits on the petition and it was proper to
disqualify those pages with affidavits notarized by such person. Poppell v.
Lanier, 264 Ga. App. 473, 448 S.E.2d 194 (1994).
LACK OF
NOTARIZATION. --County board of election (BOE) members were entitled to
qualified immunity in their individual capacities against a candidate's 42
U.S.C. § 1983 claims for the BOE's challenge to the candidate's nomination
petition because a reasonable official would not have believed that compliance
with the requirements of O.C.G.A. § 21-2-171 in response to the facial
deficiency of the candidate's petition constituted an unlawful action in
violation of the candidate's rights; the petition did not comply with O.C.G.A.
§ 21-2-170 because it lacked the necessary notarization, rendering it facially
defective, and given this defect, § 21-2-171 required the BOE to disregard the
non-conforming pages of the petition and authorized it to hold a hearing in
connection therewith. Johnson v. Randolph County, 301 Ga. App. 265, 687 S.E.2d
223 (2009).
LAWSUIT SEEKING NAME
PLACED ON BALLOT PROPERLY DISMISSED. --Trial court properly dismissed a
nominee's lawsuit seeking to have the nominee's name placed upon the ballot for
the 2016 general election as an independent candidate for President of the
United States because the notices of candidacy were submitted 11 days after the
deadline set forth in O.C.G.A. § 21-2-132(d)(1) and the nominee failed to have
enough signatures verified, thus, the nominee was not entitled to have the
nominee's name placed on the ballot. De La Fuente v. Kemp, 300 Ga. 79, 793
S.E.2d 89 (2016).
WRITE-IN VOTES.
--The procedures provided for in O.C.G.A. §§ 21-2-132(c) and (d) (see now
subsections (d) and (e)), 21-2-170(b) and (g), 21-2-171(a), 21-2-172, and
21-2-322(7) relate only to the right to have the name of a candidate or the
nominee of a political body printed on the ballot. There is no limitation
whatever, procedural or substantive, on the right of a voter to write in on the
ballot the name of the candidate of the voter's choice and to have that
write-in vote counted. McCrary v. Poythress, 638 F.2d 1308 (5th Cir.), cert.
denied, 454 U.S. 865, 102 S. Ct. 325, 70 L. Ed. 2d 165 (1981).
CITED in Ashworth v.
Fortson, 424 F. Supp. 1178 (N.D. Ga. 1976); Belluso v. Poythress, 485 F. Supp.
904 (N.D. Ga. 1980); Bergland v. Harris, 767 F.2d 1551 (11th Cir. 1985); Lewy
v. Beazley, 270 Ga. 11, 507 S.E.2d 721 (1998).
Research References & Practice Aids
OPINIONS OF THE ATTORNEY
GENERAL
PURPOSE OF THIS
SECTION is to prevent persons with little or no following encumbering the
official ballot. 1948-49 Op. Att'y Gen. p. 157.
NOMINATING PETITION
IS NECESSARY ONLY IF THE MUNICIPALITY'S CHARTER OR ORDINANCE SO REQUIRES IT,
and it must be in the form prescribed by the law. 1971 Op. Att'y Gen. No.
71-185 (decided under former Code 1933, § 34A-910).
SIGNATURE MUST BE
SAME AS ON VOTER REGISTRATION LIST. --It is essential to the validity of a
signature that it appear on the petition in a manner identical to that in which
it appears on the voter registration list. 1962 Op. Att'y Gen. p. 205 (decided
under former Code 1933, § 34A-910).
INVALID SIGNATURE
DOES NOT INVALIDATE ENTIRE PETITION. --The overwhelming weight of authority
seems to be that the invalidity of one or more signatures on a petition does
not invalidate all others not subject to such infirmity. Similarly, fraudulent
signatures do not invalidate the entire petition where there is no charge that
the candidate personally was in any way implicated in such fraud. 1962 Op.
Att'y Gen. p. 205 (decided under former Code 1933, § 34A-910).
"LAST
ELECTION." --The language, "in the last election for the filling of
the office the candidate is seeking," contained in O.C.G.A. § 21-2-170(b),
refers to the last election for the particular office sought by the candidate.
1990 Op. Att'y Gen. No. 90-6.
PETITION FORM MAY
NOT BE VALIDLY ALTERED. --The form prescribed by the Secretary of State for the
nominating petition of a candidate seeking to have the candidate's name placed
on the general election ballot cannot be altered by the candidate, and if
altered sheets are included in the petition, the altered sheets would be
eliminated as invalid without affecting the validity of the petition, provided
the petition was otherwise valid. 1976 Op. Att'y Gen. No. U76-22.
VALID SIGNATURES
WITHIN 180 DAYS OF FILING TO BE COUNTED. --All signatures, otherwise proper, on
a nomination petition signed thereon within 180 days of the last day for filing
the petition, should be counted. 1965-66 Op. Att'y Gen. No. 66-204 (decided
under former Code 1933, § 34A-910).
DELETION OF NAMES
WHERE PETITION CONTAINS NAMES OF ELECTORS FROM MORE THAN ONE COUNTY. --Where a
given sheet contained the names of eight Bibb County electors and two Jones
County electors, it was permissible for the party to delete the names of the
Jones County electors. Although former Code 1933, § 34-1011 (see now O.C.G.A. §
21-2-171(a)) provided that a petition must not contain "material
alterations" without the consent of the signers, a deletion of a name
would not violate that section, as it was obviously intended to prevent changes
in names or addresses to keep improper signatures on a petition. 1965-66 Op.
Att'y Gen. No. 66-56 (decided under former Code 1933, § 34A-910).
NUMBER OF SIGNATURES
NEEDED WHEN ELECTION DISTRICT ALTERED. --The General Assembly intends that when
an election district has been newly created, or its boundaries changed, the
number of signatures needed would be based on the number of electors in the new
or altered district who were registered to vote in the last election. 1968 Op.
Att'y Gen. No. 68-231 (decided under former Code 1933, § 34A-910).
PRESIDENTIAL
ELECTORS FOR INDEPENDENT CANDIDATE. --An independent candidate for President of
the United States may have the names of the candidate's presidential electors
placed on the general election ballot by the petition method; and the entire
slate of presidential elector candidates for such individual shall be listed
together on the same petition. 1979 Op. Att'y Gen. No. 79-38.
EACH SHEET OF A
NOMINATION PETITION SHOULD BE NUMBERED CONSECUTIVELY, beginning with number
one, at the foot of each page; regardless of any control numbers which are used
in the obtaining of signatures, the pages should be renumbered when submitted
to the Secretary of State. 1965-66 Op. Att'y Gen. No. 66-56 (decided under
former Code 1933, § 34A-910).
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, § 239 et seq.
C.J.S. --
29 C.J.S., Elections, § 193 et seq.
ALR. --
Nonregistration as affecting one's qualification as signer
of petition for special election, submission of proposition, or nominating
petition, 100 A.L.R. 1308.
Constitutionality
of election laws as regards nominations by petition or otherwise than by
statutory convention or primary election, 146 A.L.R. 668.
Construction and application of Elections
Clause of United States Constitution, U.S. Const. Art. I, § 4, cl.1, and state
constitutional provisions concerning congressional elections, 34 A.L.R.6th 643.
Validity,
construction, and application of state statutes regulating or proscribing
payment in connection with gathering signatures on nominating petitions for
public office or initiative petitions, 40 A.L.R.6th 317.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-157
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 4. SELECTION AND QUALIFICATION OF
CANDIDATES AND PRESIDENTIAL ELECTORS
> PART 2. POLITICAL PARTY AND NONPARTISAN PRIMARIES
§ 21-2-157. Municipal nonpartisan primary; qualifying as a
candidate; payment of expenses
(a) The
governing authority of any municipality may call and hold a nonpartisan primary
for the purpose of nominating candidates to seek municipal office in a
subsequent election. If held, such a nonpartisan primary shall be held at least
50 but not more than 60 days prior to the date of the election for which
nominations are to be made; and the call for such primary shall be publicly
issued at least 60 days prior to the date of holding the primary. To the extent
practicable, the provisions of this chapter which apply to the preparation for
and conduct of primaries of political parties shall also apply to the
preparation for and conduct of municipal nonpartisan primaries.
(b) Each
candidate for nomination to an office in a nonpartisan primary shall qualify as
such candidate by personally, or by his or her duly authorized agent, filing
notice of his or her candidacy in the office of the superintendent of his or
her municipality at least 45 days prior to the date of the primary, in
accordance with the provisions of the charter and ordinances of the
municipality not inconsistent with the requirements of this chapter.
(c) The
expenses of a municipal nonpartisan primary may be paid by the municipality
calling and holding such primary; provided, however, that the expenses of
providing polling places on public premises and electors lists shall be paid by
the municipality.
History
Code
1981, § 21-2-157, enacted by Ga. L. 1998, p. 295, § 1.
Annotations
Research References & Practice Aids
ADMINISTRATIVE RULES AND
REGULATIONS. --
Calls for primaries and elections, Official Compilation of
the Rules and Regulations of the State of Georgia, Georgia Election Code, Dates
of Primaries and Elections, § 183-1-8-.01.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
Hierarchy Notes:
Part Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-158
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 4. SELECTION AND QUALIFICATION OF CANDIDATES AND PRESIDENTIAL ELECTORS > PART 2. POLITICAL PARTY AND NONPARTISAN PRIMARIES
§ 21-2-158. Unopposed candidate failing to receive a single
vote
In
any general primary where an unopposed candidate is seeking party nomination
for a public office, where such candidate's name appears on the primary ballot
but such candidate fails to receive a single vote, such candidate shall not be
nominated for such public office and such party shall not have a candidate for
that public office on the ballot in the ensuing general election.
History
Code 1981, § 21-2-158, enacted by Ga. L. 2001, Ex. Sess., p. 325, § 4.
Annotations
Research References & Practice Aids
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
Hierarchy Notes:
Part Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-180
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 4. SELECTION AND QUALIFICATION OF
CANDIDATES AND PRESIDENTIAL ELECTORS
> PART 4. NOMINATION OF CANDIDATES OF POLITICAL BODIES FOR STATE-WIDE
PUBLIC OFFICE BY CONVENTION
§ 21-2-180. Manner of qualification
Any
political body which is duly registered as provided for in Code Section
21-2-110 is qualified to nominate candidates for state-wide public office by
convention if:
(1) The
political body files with the Secretary of State a petition signed by voters
equal in number to 1 percent of the registered voters who were registered and
eligible to vote in the preceding general election; or
(2) At
the preceding general election, the political body nominated a candidate for
state-wide office and such candidate received a number of votes equal to 1
percent of the total number of registered voters who were registered and
eligible to vote in such general election.
History
Code
1981, § 21-2-180, enacted by Ga. L. 1986, p. 890, § 5; Ga. L. 1998, p. 295, §
1.
Annotations
Research References & Practice Aids
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-172
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 4. SELECTION AND QUALIFICATION OF
CANDIDATES AND PRESIDENTIAL ELECTORS
> PART 3. NOMINATION AND QUALIFICATION OF INDEPENDENT CANDIDATES,
CANDIDATES OF POLITICAL BODIES, AND PRESIDENTIAL ELECTORS
§ 21-2-172. Nomination of presidential electors and
candidates of political bodies by convention
(a) Any
political party desiring to nominate its presidential electors by convention,
any political body desiring to nominate its candidates qualifying with
petitions by convention, and any political body desiring to nominate its
candidates for state-wide public office by convention by virtue of qualifying
under Code Section 21-2-180 shall, through its state executive committee, adopt
rules and regulations in conformity with this Code section governing the
holding of such conventions for the nomination of candidates for any state,
district, or county office. Such rules and regulations shall be filed with the
Secretary of State, and no amendment to such rules and regulations shall be
effective unless filed with the Secretary of State at least 30 days prior to the
date of such convention. The state party or body chairperson of such political
party or body and its secretary shall accompany the filing of such rules and
regulations with their certificate certifying that the rules and regulations
therein filed are a true and correct copy of the rules and regulations of the
party pertaining to the nomination of candidates by the convention method.
(b) The
Secretary of State shall examine all such rules and all amendments thereto as
shall be filed with him or her within 15 days after receipt thereof. If, in the
opinion of the Secretary of State, any rule or regulation, or any part thereof,
does not meet the requirements prescribed by this Code section, he or she shall
notify the state party or body chairperson and secretary of such party or body
in writing, stating therein his or her reasons for rejecting such rule or
regulation. If, in the judgment of the Secretary of State, such rules and
regulations meet the requirements prescribed by this Code section, they shall be
approved.
(c) The
Secretary of State shall not approve any such rules or regulations unless they
provide:
(1) That
a notice of the proposed date for the holding of any such convention must be
published in a newspaper having a general circulation within the area to be
affected at least ten days prior to the date of any such convention. Such
notice shall also state the purpose for which the convention has been
called;
(2) That
delegates to the convention shall be certified pursuant to appropriate party or
body rules by the proper party or body officials;
(3) That
delegates to the convention shall be apportioned in such manner as will
properly reflect the number of electors residing within the political
subdivisions or areas affected in accordance with the last United States
decennial census, or apportioned according to the number of votes received by
the party's candidate for the office of President of the United States in the
last presidential election in the areas concerned, or apportioned according to
the number of votes received by the party's candidate for the office of
Governor of Georgia in the last gubernatorial election in the areas
concerned;
(4) In the event that more than one
county is involved, each county shall have at least one delegate to the
convention, and such additional delegates as shall be allotted thereto shall be
apportioned according to paragraph (3) of this subsection; and
(5) That a certified copy of the minutes
of the convention, attested to by the chairperson and secretary of the
convention, must be filed by the nominee with his or her nomination
petition.
(d) Any
candidate nominated by convention shall be required to pay to the person with
whom he or she files his or her notice of candidacy the same qualifying fee or
the same pauper's affidavit and qualifying petition as that required of other
candidates for the same office.
(e) A
convention for the purpose of nominating candidates shall be held at least 150
days prior to the date on which the general election is conducted.
(f) Nothing contained within this Code
section shall be construed so as to apply to the nomination of substitute
candidates by convention pursuant to Code Section 21-2-134 or to the nomination
of candidates in special elections.
History
Code
1933, § 34-1012, enacted by Ga. L. 1970, p. 347, § 13; Ga. L. 1986, p. 890, §
4; Ga. L. 1987, p. 34, § 1; Ga. L. 1987, p. 647, § 3; Ga. L. 1989, p. 643, § 7;
Ga. L. 1990, p. 53, § 1; Ga. L. 1998, p. 295, § 1; Ga. L. 2001, Ex. Sess., p.
325, § 8; Ga. L. 2014, p. 1, § 4/HB
310; Ga. L. 2019, p. 7, § 4/HB 316.
Annotations
THE 2019 AMENDMENT,
effective April 2, 2019, substituted "nomination petition" for
"notice of candidacy" at the end of paragraph (c)(5).
EDITOR'S NOTES. --
In light of the similarity of the statutory provisions,
opinions under former Code 1933, § 34A-904 are included in the opinions under
this Code section.
Case Notes
JUDICIAL DECISIONS
FOR COMPARISON OF
PROCEDURES FOLLOWED BY POLITICAL PARTIES AND POLITICAL BODIES, see McCrary v.
Poythress, 638 F.2d 1308 (5th Cir.), cert. denied, 454 U.S. 865, 102 S. Ct.
325, 70 L. Ed. 2d 165 (1981).
WRITE-IN VOTES.
--The procedures provided for in O.C.G.A. §§ 21-2-132(c) and (d) (see now (d)
and (e)), 21-2-170(b) and (g), 21-2-171(a), 21-2-172, and 21-2-322(7) relate
only to the right to have the name of a candidate or the nominee of a political
body printed on the ballot. There is no limitation whatever, procedural or
substantive, on the right of a voter to write in on the ballot the name of the
candidate of the voter's choice and to have that write-in vote counted. McCrary
v. Poythress, 638 F.2d 1308 (5th Cir.), cert. denied, 454 U.S. 865, 102 S. Ct.
325, 70 L. Ed. 2d 165 (1981).
CITED in Ashworth v.
Fortson, 424 F. Supp. 1178 (N.D. Ga. 1976).
Research References & Practice Aids
LAW REVIEWS. --
For article on the 2014 amendment of this Code section, see
31 Ga. St. U. L. Rev. 93 (2014). For article on the 2019 amendment of this Code
section, see 36 Ga. St. U.L. Rev. 81 (2019).
OPINIONS OF THE ATTORNEY
GENERAL
CONVENTION
REQUIREMENTS INAPPLICABLE TO PETITIONS. --The requirements as to conventions
under former Code 1933, § 34-1012 (see now O.C.G.A. § 21-2-172) were not added
to the requirements as to nomination petitions under former Code 1933, §
34-1004 (see now O.C.G.A. § 21-2-151). 1968 Op. Att'y Gen. No. 68-314.
ONLY
PRIMARY-NOMINATED CANDIDATES EXEMPT FROM QUALIFICATION FEE. --The effect of
former Code 1933, § 34-1004 (see now O.C.G.A. § 21-2-151) and former Code 1933,
§ 34-1012 (see now O.C.G.A. § 21-2-172) was to exempt only candidates nominated
in a primary from paying the qualification fee. 1968 Op. Att'y Gen. No.
68-316.
QUALIFICATION FEES.
--Former Code 1933, § 34A-904 authorized the city's governing authority to
charge qualification fees to those running for office in a general city
election. 1969 Op. Att'y Gen. No. 69-330 (decided under former Code 1933, §
34A-904).
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, § 222 et seq.
C.J.S. --
29 C.J.S., Elections, § 184 et seq.
ALR. --
Construction and application of statutes relating to filling
vacancies in nominations for election to public office, 143 A.L.R. 996.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-171
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 4. SELECTION AND QUALIFICATION OF
CANDIDATES AND PRESIDENTIAL ELECTORS
> PART 3. NOMINATION AND QUALIFICATION OF INDEPENDENT CANDIDATES,
CANDIDATES OF POLITICAL BODIES, AND PRESIDENTIAL ELECTORS
§ 21-2-171. Examination of petitions; basis for grant or
denial of filing; review and appeal of denial
(a) When
any nomination petition is presented in the office of the Secretary of State or
of any superintendent for filing within the period limited by this chapter, it
shall be the duty of such officer to examine the same to the extent necessary
to determine if it complies with the law. No candidate shall be qualified if
such nomination petition:
(1) Contains material errors or defects
apparent on the face thereof;
(2) Contains material alterations made
after signing without the consent of the signers; or
(3) Does
not contain a sufficient number of signatures of registered voters as required
by law.
The Secretary of State or any superintendent
shall review the petition for compliance with the provisions of Code Section
21-2-170 and shall disregard any pages or signatures that are not in
conformance with the provisions of that Code section. The Secretary of State or
any superintendent may question the genuineness of any signature appearing on a
petition or the qualification of any signer whose signature appears thereon
and, if he or she shall thereupon find that any such signature is improper,
such signature shall be disregarded in determining whether the petition
contains a sufficient number of signatures as required by law. The invalidity
of any sheet of a nomination petition shall not affect the validity of such
petition if a sufficient petition remains after eliminating such invalid
sheet.
(b) Upon
the filing of a nomination petition, the officer with whom it is filed shall
begin expeditiously to examine the petition to determine if it complies with
the law. During such examination the officer shall have the right to summon by
subpoena on two days' notice and interrogate under oath the candidate named in
the petition, any person who signed the petition, any person who executed or
witnessed any affidavit or certificate accompanying the petition, or any other
person who may have knowledge of any matter relevant to the examination. Such
officer shall also have the right to subpoena on two days' notice any record
relevant to the examination. No witness shall be compelled to attend if he or
she should reside more than 100 miles from the place of hearing by the nearest
practical route; provided, however, that the officer may compel the taking of
his or her testimony by deposition in the county of the residence of the
witness. The sheriff of any county, or his or her deputy, or agent of the
officer shall serve all processes issued by the officer, or the same may be
served by United States registered or certified mail or statutory overnight
delivery; and the production of an appropriate return receipt issued by the
United States post office or commercial delivery firm shall constitute
prima-facie evidence of such service. In case of the refusal of any person
subpoenaed to attend or testify, such fact shall be reported forthwith by the
officer to the appropriate superior court, or to a judge thereof, and such
court or judge shall order such witness to attend and testify; and, on failure
or refusal to obey such order, such witness shall be dealt with as for
contempt. Any witness so subpoenaed, and after attending, shall be allowed and
paid the same mileage and fee as now allowed and paid witnesses in civil
actions in the superior court. The officer shall not be bound by technical
rules of evidence in hearing such testimony. The testimony presented shall be
stenographically recorded and made a part of the record of the examination. If
the petition complies with the law, it shall be granted and the candidate named
therein shall be notified in writing. If the petition fails to comply with the
law, it shall be denied and the candidate named therein shall be notified of
the cause for such denial by letter directed to his or her last known address.
In neither case shall the petition be returned to the candidate.
(c) The
decision of the officer denying a nomination petition may be reviewed by the
superior court of the county containing the office of such officer upon an
application for a writ of mandamus to compel the granting of such petition. The
application for such writ of mandamus shall be made within five days of the
time when the petitioner is notified of such decision. Upon the application
being made, a judge of such court shall fix a time and place for hearing the
matter in dispute as soon as practicable; and notice thereof shall be served
with a copy of such application upon the officer with whom the nomination
petition was filed and upon the petitioner. At the time so fixed the court, or
any judge thereof assigned for the purpose, shall hear the case. If after such
hearing the said court shall find that the decision of the officer was
erroneous, it shall issue its mandate to the officer to correct his or her
decision and to grant the nomination petition. From any decision of the
superior court an appeal may be taken within five days after the entry thereof.
It shall be the duty of the appellate court to fix the hearing and to announce
its decision within such period of time as will permit the name of the candidate
affected by the court's decision to be printed on the ballot if the court
should so determine.
History
Code
1933, § 34-1011, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1970, p.
347, § 13; Ga. L. 1997, p. 590, § 14; Ga. L. 1998, p. 295, § 1; Ga. L. 2000, p.
1589, § 3; Ga. L. 2001, p. 20, § 1; Ga.
L. 2010, p. 914, § 6/HB 540; Ga. L.
2016, p. 883, § 3-6/HB 927.
Annotations
EDITOR'S NOTES. --
Ga. L. 2000, p. 1589, § 16, not codified by the General
Assembly, made the Act applicable with respect to notices delivered on or after
July 1, 2000.
Ga. L. 2016, p. 883, § 1-1/HB 927, not
codified by the General Assembly, provides that: "This Act shall be known
and may be cited as the 'Appellate Jurisdiction Reform Act of 2016.'"
Ga. L. 2016, p. 883, § 6-1/HB 927, not
codified by the General Assembly, provides that: "Part III of this Act
shall become effective on January 1, 2017, and shall apply to cases in which a
notice of appeal or application to appeal is filed on or after such
date."
EDITOR'S NOTES. --
In light of the similarity of the statutory provisions,
opinions under former Code 1933, § 34A-904 and former Code Section 21-3-90 are
included in the annotations for this Code section.
Case Notes
JUDICIAL DECISIONS
EDITOR'S NOTES. --In
light of the similarity of the statutory provisions, decisions under former
Code 1933, § 34A-904 and former § 21-3-90 are included in the annotations for
this Code section.
PROHIBITING
CANDIDATES' NAMES FROM BALLOT BECAUSE THEY CANNOT POST MONEY. --To prohibit
candidates from getting their names on the ballot solely because they cannot
post a certain amount of money is illegal and unconstitutional. Where the
candidate can get the candidate's name on the ballot in some other fashion,
either by a nominating petition, primary election, or pauper's affidavit, such
unconstitutionality does not attach. Jenness v. Little, 306 F. Supp. 925 (N.D.
Ga. 1969) (decided under former Code 1933, § 34A-904).
LACK OF
NOTARIZATION. --County board of election (BOE) members were entitled to
qualified immunity in their individual capacities against a candidate's 42
U.S.C. § 1983 claims for the BOE's challenge to the candidate's nomination
petition because a reasonable official would not have believed that compliance
with the requirements of O.C.G.A. § 21-2-171 in response to the facial
deficiency of the candidate's petition constituted an unlawful action in
violation of the candidate's rights; the petition did not comply with O.C.G.A.
§ 21-2-170 because it lacked the necessary notarization, rendering it facially
defective, and given this defect, § 21-2-171 required the BOE to disregard the
non-conforming pages of the petition and authorized it to hold a hearing in
connection therewith. Johnson v. Randolph County, 301 Ga. App. 265, 687 S.E.2d
223 (2009).
LAWSUIT SEEKING NAME
PLACED ON BALLOT PROPERLY DISMISSED. --Trial court properly dismissed a
nominee's lawsuit seeking to have the nominee's name placed upon the ballot for
the 2016 general election as an independent candidate for President of the
United States because the notices of candidacy were submitted 11 days after the
deadline set forth in O.C.G.A. § 21-2-132(d)(1) and the nominee failed to have
enough signatures verified, thus, the nominee was not entitled to have the
nominee's name placed on the ballot. De La Fuente v. Kemp, 300 Ga. 79, 793
S.E.2d 89 (2016).
FOR COMPARISON OF
PROCEDURES FOLLOWED BY POLITICAL PARTIES AND POLITICAL BODIES, see McCrary v.
Poythress, 638 F.2d 1308 (5th Cir.), cert. denied, 454 U.S. 865, 102 S. Ct.
325, 70 L. Ed. 2d 165 (1981).
WRITE-IN VOTES.
--The procedures provided for in O.C.G.A. §§ 21-2-132(c) and (d) (see now (d)
and (e)), 21-2-170(b) and (g), 21-2-171(a), 21-2-172, and 21-2-322(7) relate
only to the right to have the name of a candidate or the nominee of a political
body printed on the ballot. There is no limitation whatever, procedural or
substantive, on the right of a voter to write in on the ballot the name of the
candidate of the voter's choice and to have that write-in vote counted. McCrary
v. Poythress, 638 F.2d 1308 (5th Cir.), cert. denied, 454 U.S. 865, 102 S. Ct.
325, 70 L. Ed. 2d 165 (1981).
APPEAL OF DENIAL OF
NOMINATION PETITION WAS MOOT. --Regardless of the merits or lack thereof of the
candidate's claims that the candidate's nomination petition was miscounted,
improperly counted, or that there were irregularities in the process leading to
the unlawful decision to keep the candidate off the November ballot, the
candidate's present appeal was moot because the general election had already
taken place. Bodkin v. Bolia, 285 Ga. 758, 684 S.E.2d 241 (2009).
CITED in Johnson v.
Fortson, 237 Ga. 367, 227 S.E.2d 392 (1976); McBride v. Wetherington, 199 Ga.
App. 7, 403 S.E.2d 873 (1991); Lewy v. Beazley, 270 Ga. 11, 507 S.E.2d 721
(1998).
Research References & Practice Aids
CROSS REFERENCES. --
Witness fees and mileage, § 24-13-25.
LAW REVIEWS. --
For article on the 2016 amendment of this Code section, see
33 Georgia St. U. L. Rev. 205 (2016).
OPINIONS OF THE ATTORNEY
GENERAL
EMPLOYMENT OF
ASSISTANTS IN CHECKING PETITIONS. --For duties which require no discretion or
judgment, the Secretary of State or judges of a probate court may legally
employ certified public accountants or other persons on a temporary basis to
assist in checking nomination petitions. 1965-66 Op. Att'y Gen. No. 66-159
(decided under former Code 1933, § 34A-904).
DELETION OF NAMES
FROM PETITION WITH NAMES OF TWO COUNTIES' ELECTORS NOT "MATERIAL
ALTERATION". --Where a given sheet contained the names of eight Bibb
County electors and two Jones County electors, it was permissible for the party
to delete the names of the Jones County electors. Although a petition must not
contain "material alterations" without the consent of the signers, a
deletion of a name would not violate those provisions, as it was obviously
intended to prevent changes in names or addresses to keep improper signatures
on a petition. 1965-66 Op. Att'y Gen. No. 66-56 (decided under former Code
1933, § 34A-904).
PROPER SIGNATURES
WITHIN 180 DAYS OF FILING TO BE COUNTED. --All signatures, otherwise proper, on
a nomination petition signed thereon within 180 days of the last day for filing
the petition, should be counted. 1965-66 Op. Att'y Gen. No. 66-204 (decided
under former Code 1933, § 34A-904).
QUALIFICATION FEES.
--Former Code 1933, § 34A-904 authorized the city's governing authority to
charge qualification fees to those running for office in a general city
election. 1969 Op. Att'y Gen. No. 69-330 (decided under former Code 1933, §
34A-904).
ALTERED SHEETS
ELIMINATED WITHOUT AFFECTING VALIDITY OF REMAINDER OF PETITION. --The form
prescribed by the Secretary of State for the nominating petition of a candidate
seeking to have the candidate's name placed on the general election ballot
cannot be altered by the candidate, and if altered sheets are included in the
petition, the altered sheets would be eliminated as invalid without affecting
the validity of the petition, provided the petition were otherwise valid. 1976
Op. Att'y Gen. No. U76-22.
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, § 239 et seq.
C.J.S. --
29 C.J.S., Elections, § 193 et seq.
ALR. --
Nonregistration as affecting one's qualification as signer
of petition for special election, submission of proposition, or nominating
petition, 100 A.L.R. 1308.
Challenges to
write-in ballots and certification of write-in candidates, 75 A.L.R.6th
311.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-182
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 4. SELECTION AND QUALIFICATION OF CANDIDATES AND PRESIDENTIAL ELECTORS > PART 4. NOMINATION OF CANDIDATES OF POLITICAL BODIES FOR STATE-WIDE PUBLIC OFFICE BY CONVENTION
§ 21-2-182. Contents of petitions; signatures
Each
person signing a political body qualifying petition shall declare therein that
such person is a duly qualified and registered voter of the state, entitled to
vote in the next election for members of the General Assembly, and shall
provide with such person's signature such person's residence address and county
and the date of such person's signature. No person shall sign the same petition
more than once. Each petition shall support the qualification of only one
political body. No signature shall be valid if made more than 15 months prior
to the submission of the petitions to the Secretary of State. A signature shall
be stricken from the petition when the signer so requests prior to the
presentation of the petitions to the Secretary of State for filing, but such
request shall be disregarded if made after such presentation.
History
Code 1981, § 21-2-182, enacted by Ga. L. 1986, p. 890, § 5; Ga. L. 1998, p. 295, § 1.
Annotations
Research References & Practice Aids
ALR. --
Validity, construction, and application of state statutes regulating or proscribing payment in connection with gathering signatures on nominating petitions for public office or initiative petitions, 40 A.L.R.6th 317.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-181
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 4. SELECTION AND QUALIFICATION OF CANDIDATES AND PRESIDENTIAL ELECTORS > PART 4. NOMINATION OF CANDIDATES OF POLITICAL BODIES FOR STATE-WIDE PUBLIC OFFICE BY CONVENTION
§ 21-2-181. Filing of petitions generally
Petitions
to qualify political bodies to nominate candidates for state-wide public office
by convention shall be filed with the Secretary of State and shall be signed by
voters in the manner provided in this part. Such petitions shall provide
sufficient space for the printing of the voter's name and for the voter's
signature. No forms other than those prescribed in this part shall be used for
qualifying a political body to nominate candidates for public office.
History
Code 1981, § 21-2-181, enacted by Ga. L. 1986, p. 890, § 5; Ga. L. 1987, p. 34, § 1; Ga. L. 1998, p. 295, § 1.
Annotations
Research References & Practice Aids
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-185
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 4. SELECTION AND QUALIFICATION OF CANDIDATES AND PRESIDENTIAL ELECTORS > PART 4. NOMINATION OF CANDIDATES OF POLITICAL BODIES FOR STATE-WIDE PUBLIC OFFICE BY CONVENTION
§ 21-2-185. Filing deadline
No
petition to qualify a political body shall be submitted to the Secretary of
State for verification after 12:00 Noon on the second Tuesday in July.
History
Code 1981, § 21-2-185, enacted by Ga. L. 1986, p. 890, § 5; Ga. L. 1997, p. 590, § 16; Ga. L. 1998, p. 295, § 1.
Annotations
Research References & Practice Aids
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-184
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 4. SELECTION AND QUALIFICATION OF CANDIDATES AND PRESIDENTIAL ELECTORS > PART 4. NOMINATION OF CANDIDATES OF POLITICAL BODIES FOR STATE-WIDE PUBLIC OFFICE BY CONVENTION
§ 21-2-184. Restriction on amendment or supplementation
A
petition to qualify a political body to nominate candidates for state-wide
public office by convention shall not be amended or supplemented after its
presentation to the Secretary of State for filing.
History
Code 1981, § 21-2-184, enacted by Ga. L. 1986, p. 890, § 5; Ga. L. 1998, p. 295, § 1.
Annotations
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OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-186
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 4. SELECTION AND QUALIFICATION OF CANDIDATES AND PRESIDENTIAL ELECTORS > PART 4. NOMINATION OF CANDIDATES OF POLITICAL BODIES FOR STATE-WIDE PUBLIC OFFICE BY CONVENTION
§ 21-2-186. Examination of petitions; judicial review
Petitions
to qualify a political body to nominate candidates for state-wide public office
by convention shall be examined and shall be subject to judicial review in the
same manner as provided for candidates nominated by petition pursuant to Code
Section 21-2-171.
History
Code 1981, § 21-2-186, enacted by Ga. L. 1986, p. 890, § 5; Ga. L. 1998, p. 295, § 1.
Annotations
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OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-187
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 4. SELECTION AND QUALIFICATION OF CANDIDATES AND PRESIDENTIAL ELECTORS > PART 4. NOMINATION OF CANDIDATES OF POLITICAL BODIES FOR STATE-WIDE PUBLIC OFFICE BY CONVENTION
§ 21-2-187. Holding of conventions; filing notice of
candidacy
Political
bodies shall hold their conventions in accordance with Code Section 21-2-172,
and candidates nominated for state-wide public office in convention shall file
a notice of candidacy no earlier than 9:00 A.M. on the fourth Monday in June
immediately prior to the election and no later than 12:00 Noon on the Friday
following the fourth Monday in June as prescribed in Code Section 21-2-132;
provided, however, that the political body must file its qualifying petition no
later than 12:00 Noon on the second Tuesday in July following the convention as
prescribed in Code Section 21-2-172 in order to qualify its candidates to be
listed on the general election ballot.
History
Code 1981, § 21-2-187, enacted by Ga. L. 1986, p. 890, § 5; Ga. L. 1987, p. 1360, § 9; Ga. L. 1989, p. 643, § 8; Ga. L. 1997, p. 590, § 17; Ga. L. 1998, p. 295, § 1; Ga. L. 2001, Ex. Sess., p. 325, § 9; Ga. L. 2014, p. 1, § 5/HB 310.
Annotations
Case Notes
JUDICIAL DECISIONS
EFFECT OF FEDERAL PRECLEARANCE PROCEDURE. --Where plaintiff political party held no convention in 1986 to choose its nominees but claimed it was denied ballot access by the fact that it was notified of the resolution of the federal preclearance procedure one day after the deadline for filing notice of candidacy, the court found no merit in this argument since the notice of candidacy provision, enacted one year before the June 9, 1986 preclearance determination, was not altered by the 1986 amendments in O.C.G.A. T. 21 and thus was not subject to the preclearance determination. Libertarian Party v. Harris, 644 F. Supp. 602 (N.D. Ga. 1986).
Where plaintiff political body contended federal preclearance of the 1986 amendments to O.C.G.A. T. 21 was "late," plaintiff should have complied with the unchallenged Election Code requirements of holding a convention and filing notice of candidacy. Libertarian Party v. Harris, 644 F. Supp. 602 (N.D. Ga. 1986).
Research References & Practice Aids
LAW REVIEWS. --
For article on the 2014 amendment of this Code section, see 31 Ga. St. U. L. Rev. 93 (2014).
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OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-183
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 4. SELECTION AND QUALIFICATION OF
CANDIDATES AND PRESIDENTIAL ELECTORS
> PART 4. NOMINATION OF CANDIDATES OF POLITICAL BODIES FOR STATE-WIDE
PUBLIC OFFICE BY CONVENTION
§ 21-2-183. Form of petitions; affidavits of circulators
(a) A
petition to qualify a political body to nominate candidates for public office
by convention shall be on one or more sheets of uniform size, and different
sheets must be used by signers residing in different counties. The upper
portion of each sheet, prior to being signed by any petitioner, shall bear the
name and title of the Secretary of State and the political body to be formed by
the petition. If more than one sheet is used, they shall be bound together when
offered for filing and each sheet shall be numbered consecutively, beginning
with number one, at the foot of each page.
(b) Each
sheet shall bear on the bottom or back thereof the affidavit of the circulator
of such sheet setting forth:
(1) The residence address of the
circulator;
(2) That each signer manually signed
such signer's own name with full knowledge of the contents of the political
body qualifying petitions;
(3) That, to the best of the affiant's
knowledge and belief, the signers are registered voters of the State of Georgia,
qualified to sign the petition;
(4) That their respective residences are
correctly stated in the petition; and
(5) That they all reside in the county
named in the affidavit.
History
Code
1981, § 21-2-183, enacted by Ga. L. 1986, p. 890, § 5; Ga. L. 1997, p. 590, §
15; Ga. L. 1998, p. 295, § 1.
Annotations
Case Notes
JUDICIAL DECISIONS
CITED in Lewy v.
Beazley, 270 Ga. 11, 507 S.E.2d 721 (1998).
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OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-190
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 5. PRESIDENTIAL PREFERENCE PRIMARY
§ 21-2-190. Short title
This
article shall be known and may be cited as the "Georgia Presidential
Preference Primary Law."
History
Code 1933, § 34-1001A, enacted by Ga. L. 1973, p. 221, § 1.
Annotations
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OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. TITLE 21 Chapter 2 Article 5
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 5. PRESIDENTIAL PREFERENCE PRIMARY
TITLE 21 Chapter 2 Article 5 NOTE
Annotations
ARTICLE NOTES
OPINIONS OF THE ATTORNEY GENERAL
BOND REFERENDUM MAY BE HELD ON THE DATE OF THE PRESIDENTIAL PREFERENCE PRIMARY, but the bond referendum should be placed on a separate ballot so that voters need not request a party ballot to vote only in the referendum. 1975 Op. Att'y Gen. No. 75-132.
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OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-191
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 5. PRESIDENTIAL PREFERENCE PRIMARY
§ 21-2-191. Parties entitled to hold primaries; dates;
decision to elect delegates to presidential nominating convention in primary;
qualifying periods for candidates for delegate
As
provided in this article, a presidential preference primary shall be held in
2012 and every four years thereafter for each political party or body which has
cast for its candidates for President and Vice President in the last
presidential election more than 20 percent of the total vote cast for President
and Vice President in this state, so that the electors may express their
preference for one person to be the candidate for nomination by such person's
party or body for the office of President of the United States; provided,
however, that no elector shall vote in the primary of more than one political
party or body in the same presidential preference primary. Such primary shall
be held in each year in which a presidential election is to be conducted on a date
selected by the Secretary of State which shall not be later than the second
Tuesday in June in such year. The Secretary of State shall select such date no
later than December 1 of the year immediately preceding such primary. A state
political party or body may by rule choose to elect any portion of its
delegates to that party's or body's presidential nominating convention in the
primary; and, if a state political party or body chooses to elect any portion
of its delegates, such state political party or body shall establish the
qualifying period for those candidates for delegate and delegate alternate
positions which are to be elected in the primary and for any party officials to
be elected in the primary and shall also establish the date on which state and
county party executive committees shall certify to the Secretary of State or
the superintendent, as the case may be, the names of any such candidates who
are to be elected in the primary; provided, however, that such dates shall not
be later than 60 days preceding the date on which the presidential preference
primary is to be held.
History
Code 1933, § 34-1002A, enacted by Ga. L. 1973, p. 221, § 1; Ga. L. 1974, p. 429, § 1; Ga. L. 1975, p. 1223, § 1; Ga. L. 1986, p. 220, § 1; Ga. L. 1992, p. 1, §§ 1, 1A; Ga. L. 1994, p. 1406, § 6; Ga. L. 1997, p. 590, § 18; Ga. L. 2007, p. 544, § 2/SB 194; Ga. L. 2011, p. 630, § 1/HB 454.
Annotations
EDITOR'S NOTES. --
This Code section was amended by §§ 1 and 1A of Ga. L. 1992, p. 1. Section 6 of that Act, however, provided that § 1 of that Act would become effective upon the preclearance of this Act by the United States Attorney General pursuant to § 5 of the federal Voting Rights Act of 1965, as amended. If the Act did not receive such preclearance on or before January 27, 1992, § 1 of the Act would be void and would stand repealed in its entirety as of that time and date and § 1A, which amended this Code section to read as it did prior to the amendment by § 1 of the Act, would become effective on January 28, 1992. If § 1 did receive such preclearance, then § 1A of the Act would not become effective but would be void and stand repealed in its entirety upon § 1 becoming effective. The Act received preclearance by the United States Attorney General on January 27, 1992.
Case Notes
JUDICIAL DECISIONS
PRESERVATION OF PARTY AUTONOMY. --The federal district court reads O.C.G.A. § 21-2-191 (only those parties which have cast greater than twenty percent of the votes in the last presidential election may participate in the presidential preference primary) and O.C.G.A. § 21-2-195 (parties are free to set out the rules by which delegates are bound) alongside O.C.G.A. § 21-2-193 (ballot decision-making) as a distinct attempt at preserving party autonomy in the nomination process. Duke v. Cleland, 783 F. Supp. 600 (N.D. Ga. 1992), aff'd, 954 F.2d 1526 (11th Cir. 1992).
CITED in Duke v. Cleland, 954 F.2d 1526 (11th Cir. 1992).
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OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-193
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 5. PRESIDENTIAL PREFERENCE PRIMARY
§ 21-2-193. List of names of candidates to appear on ballot;
publication of list
On
a date set by the Secretary of State, but not later than 60 days preceding the
date on which a presidential preference primary is to be held, the state
executive committee of each party which is to conduct a presidential preference
primary shall submit to the Secretary of State a list of the names of the
candidates of such party to appear on the presidential preference primary
ballot. Such lists shall be published on the website of the Secretary of State
during the fourth week immediately preceding the date on which the presidential
preference primary is to be held.
History
Code 1933, § 34-1003A, enacted by Ga. L. 1973, p. 221, § 1; Ga. L. 1980, p. 5, § 1; Ga. L. 1987, p. 1360, § 10; Ga. L. 1993, p. 118, § 1; Ga. L. 1994, p. 1406, § 7; Ga. L. 1997, p. 590, § 19; Ga. L. 2007, p. 544, § 3/SB 194; Ga. L. 2011, p. 630, § 2/HB 454.
Annotations
Case Notes
JUDICIAL DECISIONS
CONSTITUTIONALITY. --This section is neither unduly burdensome nor irrational, and is valid under U.S. Const., amend. 14. Belluso v. Poythress, 485 F. Supp. 904 (N.D. Ga. 1980).
O. C.G.A. § 21-2-193, by identifying three logically representative members of each party to serve on the committee, and by providing a check against arbitrariness by allowing only one member of the party on the committee to override the unanimous decision of the committee, is narrowly tailored to advance the interests of the state in conducting orderly and efficient elections, and in allowing the parties to choose their candidates, and is not violative of the First and Fourteenth Amendments. Duke v. Cleland, 884 F. Supp. 511 (N.D. Ga. 1995), aff'd, 87 F.3d 1226 (11th Cir. 1996).
PRIMARY CANDIDATE SELECTION PROCEDURE NOT STATE ACTION. --The procedure for selecting primary candidates set forth in O.C.G.A. § 21-2-193 does not amount to state action since the state does not assist the party members in their decision; it does not join in the decision-making process with the party members; it does not delegate authority to the parties that the parties do not already have; and it does not mandate guidelines for the decision-making process. Duke v. Cleland, 783 F. Supp. 600 (N.D. Ga. 1992), aff'd, 954 F.2d 1526 (11th Cir. 1992).
STATE INTEREST IN PROTECTING RIGHTS OF POLITICAL PARTIES. --State interest in not interfering with (and possibly even facilitating) the rights of political parties to define their membership and their representatives is legitimate and compelling. Duke v. Cleland, 884 F. Supp. 511 (N.D. Ga. 1995), aff'd, 87 F.3d 1226 (11th Cir. 1996).
PRESERVATION OF PARTY AUTONOMY. --The federal district court reads O.C.G.A. § 21-2-191 (only those parties which have cast greater than twenty percent of the votes in the last presidential election may participate in the presidential preference primary) and O.C.G.A. § 21-2-195 (parties are free to set out the rules by which delegates are bound) alongside O.C.G.A. § 21-2-193 (ballot decision-making) as a distinct attempt at preserving party autonomy in the nomination process. Duke v. Cleland, 783 F. Supp. 600 (N.D. Ga. 1992), aff'd, 954 F.2d 1526 (11th Cir. 1992).
EXCLUSION OF CANDIDATE FROM BALLOT. --The Republican Party enjoys a constitutionally protected right of freedom of association, which encompasses its decision to exclude a candidate for the Republican nomination for President of the United States as a candidate on the Republican Primary ballot because the candidate's political beliefs are inconsistent with those of the Republican Party. Duke v. Cleland, 954 F.2d 1526 (11th Cir.), cert. denied, 502 U.S. 1086, 112 S. Ct. 1152, 117 L. Ed. 2d 279 (1992).
Presidential selection candidate committee, acting as representatives of the Republican Party under O.C.G.A. § 21-2-193, did not heavily burden a candidate's First Amendment and Fourteenth Amendment rights, nor voters' associational rights and their right to vote for a candidate of their choice, when it excluded the candidate from the Republican Party's presidential primary ballot. Duke v. Cleland, 87 F.3d 1226 (11th Cir. 1996).
VOTER'S RIGHTS NOT BURDENED. --Voters have a right to vote for the candidate of their choice, but only the candidate of their choice on the ballot, and they cannot argue that, of the universe of candidates, the exclusion of their favorite candidate from the ballot necessarily "heavily burdens" their rights; to so hold would open the ballot to anyone who has some support in the electorate. Duke v. Cleland, 884 F. Supp. 511 (N.D. Ga. 1995), aff'd, 87 F.3d 1226 (11th Cir. 1996).
Research References & Practice Aids
ALR. --
Constitutionality of statute relating to election ballots as regards place or number of appearances on the ballots of names of candidates, 78 A.L.R. 398.
Constitutionality of candidate participation provisions for primary elections, 121 A.L.R.5th 1.
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OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-192
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 5. PRESIDENTIAL PREFERENCE PRIMARY
§ 21-2-192. Proclamation by Governor; copies of proclamation
transmitted to superintendents
It
shall be the duty of the Governor to issue his proclamation for such
presidential preference primary, a copy of which shall be transmitted promptly
by the Secretary of State to the superintendent of each county.
History
Code 1933, § 34-1008A, enacted by Ga. L. 1973, p. 221, § 1; Ga. L. 1975, p. 1223, § 3; Ga. L. 1986, p. 220, § 2.
Annotations
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OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-194
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 5. PRESIDENTIAL PREFERENCE PRIMARY
§ 21-2-194. Procedure for withdrawal of candidates
Reserved.
Repealed by Ga. L. 1997, p. 590, § 20, effective April 14, 1997.
Annotations
EDITOR'S NOTES. --
This Code section was based on Code 1933, § 34-1004A, enacted by Ga. L. 1973, p. 221, § 1; Ga. L. 1987, p. 1360, § 11; Ga. L. 1994, p. 1406, § 8.
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OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-196
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 5. PRESIDENTIAL PREFERENCE PRIMARY
§ 21-2-196. Qualification oath of delegates and alternates
to national convention
Any
person selected as a delegate or delegate alternate to such national convention
shall file a qualification oath with the Secretary of State pledging support at
the convention to the candidate of their political party or body for the office
of President of the United States for whom they are selected to support. The
oath shall state that the delegate or delegate alternate affirms to support such
candidate until the candidate is either nominated by such convention or
receives less than 35 percent of the votes for nomination by such convention
during any balloting, or until the candidate releases the delegates from such
pledge. No delegate shall be required to vote for such candidate after two
convention nominating ballots have been completed.
History
Code 1933, § 34-1006A, enacted by Ga. L. 1973, p. 221, § 1.
Annotations
Research References & Practice Aids
OPINIONS OF THE ATTORNEY GENERAL
INTENT. --This section reflects the legitimate interest of the state in insuring orderliness in the electoral process, and it provides a means of presenting the political preferences of the people of this state to a political party. Also, the considerable public funds expended in establishing these preferences are an adequate basis for the reasonable conditions imposed by that section. 1980 Op. Att'y Gen. No. 80-104.
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ANNOTATED
End of Document
O.C.G.A. § 21-2-195
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 5. PRESIDENTIAL PREFERENCE PRIMARY
§ 21-2-195. Procedures by which delegates and alternates to
national nominating conventions selected
The
state executive committee of each political party or body shall determine the
method and procedures by which delegates and delegate alternates to the
national nominating conventions are to be selected as well as adopt any other
rule not inconsistent with this article. The state executive committee of the
political party or body shall establish, at least 90 days prior to the
presidential preference primary, procedures to be followed in the nomination of
candidates for delegates and delegate alternates to the nominating convention
of the political party or body. A copy of any rule or regulation adopted by the
state executive committee shall be sent to the Secretary of State within seven
days after its adoption, to become a public record.
History
Code 1933, § 34-1005A, enacted by Ga. L. 1973, p. 221, § 1; Ga. L. 1975, p. 1223, § 2; Ga. L. 1979, p. 1316, § 1.
Annotations
Case Notes
JUDICIAL DECISIONS
PRESERVATION OF PARTY AUTONOMY. --The federal district court reads O.C.G.A. § 21-2-191 (only those parties which have cast greater than twenty percent of the votes in the last presidential election may participate in the presidential preference primary) and O.C.G.A. § 21-2-195 (parties are free to set out the rules by which delegates are bound) alongside O.C.G.A. § 21-2-193 (ballot decision-making) as a distinct attempt at preserving party autonomy in the nomination process. Duke v. Cleland, 783 F. Supp. 600 (N.D. Ga. 1992), aff'd, 954 F.2d 1526 (11th Cir. 1992).
CITED in O'Keefe v. Braddock, 237 Ga. 838, 229 S.E.2d 758 (1976); Belluso v. Poythress, 485 F. Supp. 904 (N.D. Ga. 1980); Duke v. Cleland, 954 F.2d 1526 (11th Cir. 1992).
Research References & Practice Aids
LAW REVIEWS. --
For note, "Selecting and Certifying National Political Convention Delegates -- A Party or a State Right?," see 4 Ga. L. Rev. 875 (1970).
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OFFICIAL CODE OF GEORGIA
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End of Document
O.C.G.A. § 21-2-197
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 5. PRESIDENTIAL PREFERENCE PRIMARY
§ 21-2-197. Effect of withdrawal of presidential candidate
Any
delegate to a national convention whose presidential candidate withdraws after
being entitled to delegate votes pursuant to this article shall be an unpledged
delegate to the national convention.
History
Code 1933, § 34-1007A, enacted by Ga. L. 1973, p. 221, § 1.
Annotations
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OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-198
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 5. PRESIDENTIAL PREFERENCE PRIMARY
§ 21-2-198. Assessment of qualifying fee for candidates
listed on presidential preference primary ballot
No
qualifying fee may be assessed for presidential candidates or for candidates
for delegate or delegate alternate whose names are listed on a presidential
preference primary ballot.
History
Code 1933, § 34-1009A, enacted by Ga. L. 1973, p. 221, § 1; Ga. L. 1975, p. 1223, § 4.
Annotations
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OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-199
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 5. PRESIDENTIAL PREFERENCE PRIMARY
§ 21-2-199. Election of political party committee members or
officers at primary
The
presidential preference primary may be considered as a general primary for any
political party wishing to elect committee members or officers therein. Such
party shall prescribe by state party charter, bylaws, or rules and regulations
regarding qualifying of candidates and the fixing and publishing of qualifying
fees, if any.
History
Code 1933, § 34-1012A, enacted by Ga. L. 1975, p. 1223, § 7.
Annotations
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OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-200
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 5. PRESIDENTIAL PREFERENCE PRIMARY
§ 21-2-200. Applicability of general primary provisions;
form of ballot
A
presidential preference primary shall be conducted, insofar as practicable,
pursuant to this chapter respecting general primaries, except as otherwise
provided in this article. In setting up the form of the ballot, the Secretary
of State shall provide for designating the name of the candidate to whom a
candidate for delegate or delegate alternate is pledged, if any.
History
Code 1933, § 34-1011A, enacted by Ga. L. 1975, p. 1223, § 6; Ga. L. 1992, p. 1, § 3; Ga. L. 1994, p. 1406, § 9.
Annotations
Research References & Practice Aids
OPINIONS OF THE ATTORNEY GENERAL
BOND REFERENDUM MAY BE HELD ON THE DATE OF THE PRESIDENTIAL PREFERENCE PRIMARY, but the bond referendum should be placed on a separate ballot so that voters need not request a party ballot to vote only in the referendum. 1975 Op. Att'y Gen. No. 75-132.
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, § 223 et seq.
C.J.S. --
29 C.J.S., Elections, § 198 et seq.
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End of Document
O.C.G.A. § 21-2-210
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 6. REGISTRATION OF VOTERS
§ 21-2-210. Secretary of State deemed the chief state
election official
The
Secretary of State is designated as the chief state election official to
coordinate the responsibilities of this state under the National Voter
Registration Act of 1993 (P.L. 103-31) as required by 42 U.S.C. Section
1973gg-8.
History
Code 1981, § 21-2-210, enacted by Ga. L. 1994, p. 1443, § 3; Ga. L. 1998, p. 295, § 1.
Annotations
EDITOR'S NOTES. --
In light of the similarity of the statutory provisions, opinions under former Code 1933, §§ 34-609 and 34A-505 are included in the annotations for this Code section.
Research References & Practice Aids
CROSS REFERENCES. --
Rights as citizens, § 31-8-111.
LAW REVIEWS. --
For article, "Election Emergencies: Voting in the Wake of Natural Disasters and Terrorist Attacks," see 67 Emory L.J. 545 (2018).
OPINIONS OF THE ATTORNEY GENERAL
REGISTRATION DEPENDENT UPON FURNISHING REQUIRED INFORMATION. --Registration is dependent upon making proper application by furnishing under oath, and over the signature of the applicant, the information required by the statutorily prescribed registration forms. 1976 Op. Att'y Gen. No. 76-2 (decided under former Code 1933, §§ 34-609 and 34A-505).
AM. JUR. 2D. --
25 Am. Jur. 2d, Elections, §§ 177, 183.
C.J.S. --
29 C.J.S., Elections, § 59.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-212
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 6. REGISTRATION OF VOTERS
§ 21-2-212. County registrars; appointment; certification;
term of service; vacancies; compensation and expenses of chief registrar,
registrars, and other officers and employees; budget estimates
(a) Except
in the case in which a county has a board of elections and registration, the
judge of the superior court in each county or the senior judge in time of
service in those counties having more than one judge shall appoint in
accordance with this Code section, upon the recommendation of the grand jury of
such county, not less than three nor more than five judicious, intelligent, and
upright electors of such county as county registrars. The grand jury shall
submit to the judge the names of a number of electors equal to twice the number
of persons to be appointed and the appointment shall be made therefrom and
shall be entered on the minutes of the court. When making such appointments
when appropriate, the judge will designate one of the registrars as chief
registrar who shall serve as such during such registrar's term of office, and
such designation shall likewise be entered on the minutes of the court. It
shall be the duty of the clerk of the superior court to certify the
appointments and designation to the Secretary of State within 30 days after the
appointments and designation, and commissions shall be issued as for county
officers. When certifying such names to the Secretary of State, the clerk of
the superior court shall also list the addresses of the registrars. Except in
the case in which the local Act creating a county board of elections and registration
specifically provides for the appointment and removal by another authority,
such judge will have the right to remove one or more of such registrars at any
time for cause after notice and hearing. In case of the death, resignation, or
removal of a registrar, the judge shall appoint a successor who shall serve
until the next grand jury convenes, at which time the grand jury shall submit
to the judge the names of two judicious, intelligent, and upright electors of
such county; and the judge shall make an appointment from said list, such
successor to serve the unexpired term of such registrar's predecessor in
office. In the event the grand jury is in session at the time of any such
death, removal, or resignation, such grand jury shall immediately submit the
names of said electors to the judge for such appointment. Each such appointment
or change in designation shall be entered on the minutes of the court and
certified as provided in this Code section.
(b)
(1) Except as otherwise provided in this
subsection, appointees under this article shall serve for a term of four years
and until their successors are appointed and qualified, except in the event of
resignation or removal as provided in subsection (a) of this Code section.
Their terms shall commence on July 1 and expire on June 30 four years
thereafter.
(2) The first new grand jury which
convenes in each county in the year 2013 shall submit to the judge the list of
names as provided in subsection (a) of this Code section. From this list, the
judge shall appoint two registrars to serve two-year terms of office and until
their respective successors are appointed and qualified and not more than three
registrars to serve four-year terms of office and until their respective
successors are appointed and qualified. Thereafter, the first new grand jury
which convenes in each county in each odd-numbered year shall submit to the
judge a list of names equal to twice the number of registrars whose terms are
to expire that year. From this list, the judge shall appoint successors to the
registrars whose terms are expiring that year who shall then serve terms of
office of four years and until their respective successors are selected and
qualified.
(3) Such list of names shall be
submitted to the judge, who shall appoint the registrars and designate the
chief registrar, as needed, prior to June 30. No appointment for a full term
shall be made prior to January 1 of the year in which the appointee is to take
office. If no such grand jury is convened or, if convened but failed to
recommend, the judge shall appoint the registrars without the necessity of any
recommendation. In the event that a registrar holds over beyond the end of the
registrar's term of office due to the failure to have a successor timely appointed
and qualified, the successor shall be appointed to serve the remainder of the
term of office and shall not receive a new four-year term of office.
(c) Reserved.
(d) The
chief registrar shall be the chief administrative officer of the board of registrars
and shall generally supervise and direct the administration of the affairs of
the board of registrars. The chief registrar shall act as chairperson of the
board of registrars and, as chief registrar, shall perform those functions
normally devolving upon the chairperson. The board of registrars shall meet
each month on a day selected by the chief registrar to transact the business of
the board. The board shall also meet at other times as needed upon the call of
the chief registrar or upon the request of two or more of the registrars. The
chief registrar shall be compensated in an amount of not less than $61.00 per
day for each day of service on the business of the board of registrars. The
other registrars shall be compensated in an amount of not less than $48.00 per
day for each day of service on the business of the board of registrars. In lieu
of the per diem compensation provided for in this subsection, the chief
registrar may be compensated in an amount not less than $272.00 per month and
the other registrars in an amount not less than $242.00 per month. The per diem
or monthly compensation, as the case may be, shall be fixed, subject to the
limitations provided for in this subsection, by the governing authority of each
county and shall be paid from county funds. The compensation of other officers
and employees appointed and employed under this article shall be fixed by the
board of registrars with the approval of the governing authority of each county
and shall be paid from county funds.
(e) If,
within 90 days of the end of the term or the creation of a vacancy for a county
registrar, an appointment is not made in accordance with subsection (a) of this
Code section, the governing authority of the county shall appoint the county
registrars in lieu of the judge of the superior court. The appointments shall
be entered on the minutes of the county governing authority. The county
governing authority shall designate one of the registrars as chief registrar,
who shall serve as such during such registrar's term of office. Such
designation shall likewise be entered on the minutes of such governing
authority. It shall be the duty of the county governing authority to certify
the appointments and designation to the Secretary of State and the clerk of the
superior court within 30 days after such appointments and designation. In
certifying such names to the Secretary of State and the clerk of the superior
court, the county governing authority shall also list the addresses of the
registrars. Such registrars shall serve for the term and in the manner set
forth in subsection (a) of this Code section. Any registrar shall have the
right to resign at any time by submitting a resignation to the clerk of the
superior court. In the event of the death, resignation, or removal of any
registrar, such registrar's duties and authority as such shall terminate
instantly. Successors shall be appointed as set forth in subsection (a) of this
Code section.
(f) The board of registrars of each
county shall prepare annually a budget estimate in which it shall set forth an
itemized list of its expenditures for the preceding two years and an itemized
estimate of the amount of money necessary to be appropriated for the ensuing
year and shall submit the same at the time and in the manner and form other
county budget estimates are required to be filed.
History
Code
1981, § 21-2-212, enacted by Ga. L. 1994, p. 1443, § 3; Ga. L. 1995, p. 1027, §
4; Ga. L. 1996, p. 145, § 3; Ga. L. 1998, p. 295, § 1; Ga. L. 2001, p. 902, §
15; Ga. L. 2005, p. 253, § 22/HB
244; Ga. L. 2010, p. 914, § 7/HB
540; Ga. L. 2011, p. 683, § 5/SB
82; Ga. L. 2017, p. 697, § 5/HB 268.
Annotations
THE 2017 AMENDMENT,
effective July 1, 2017, substituted "Reserved" for the former
provisions of subsection (c), which read: "The governing authority of each
municipality shall appoint registrars as necessary, and the appointments shall
be entered on the minutes of such governing authority. The municipal governing
authority shall designate one of the registrars as chief registrar. The chief
registrar will serve as such during such registrar's term of office, and such
designation shall likewise be entered on the minutes of such governing
authority. Such registrars shall serve at the pleasure of the municipal
governing authority, and compensation of the registrars shall be fixed by such
governing authority. Any registrar shall have the right to resign at any time
by submitting a resignation to such governing authority. In the event of any
such removal or resignation of a registrar, such registrar's duties and
authority as such shall terminate instantly. Successors to resigned registrars
shall be appointed by the municipal governing authority. Each appointment or
change in designation shall be entered on the minutes of such governing
authority and certified by the governing authority. The municipal governing
authority may furnish such employees and facilities as it deems necessary for
the operation of the office and the affairs of the registrars".
EDITOR'S NOTES. --
In light of the similarity of the statutory provisions,
opinions under former Code 1933, § 34-603 and former Code Section 21-2-211 are
included in the annotations for this Code section.
Case Notes
JUDICIAL DECISIONS
EDITOR'S NOTES. --In
light of the similarity of the statutory provisions, decisions under the 1895
Political Code, former Code 1933, § 34A-104 and former Code Section 21-2-211
are included in the annotations for this Code section.
JUDGE'S DUTY IS
OFFICIAL ACT. --The duty devolving upon the judge from the 1895 Political Code,
§§ 50, 51 was an official act, and political interest was not sufficient to
disqualify a judge from hearing a petition for mandamus against the judge
requiring the judge to appoint a bipartisan board of registrars, and a petition
for injunction to restrain the registrars appointed by the judge from
functioning. Elliott v. Hipp, 134 Ga. 844, 68 S.E. 736, 137 Am. St. R. 272, 20
Ann. Cas. 423 (1910) (decided under the 1895 Political Code).
RESIGNATION AND
SUBSEQUENT RESCISSION. --Trial court could conclude that the resignation of a
member of the board of registrars was not effective until it had been accepted
by the superior court judge and that the resignation could be rescinded prior
to the time it was accepted. Henry County Bd. of Registrars v. Farmer, 213 Ga.
App. 522, 444 S.E.2d 877 (1994) (decided under former Code Section 21-2-211 as
it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, §
3).
ELECTION LAWS CAN BE
ENFORCED BY PENALIZING OFFICIALS INVOLVED, WITHOUT PENALIZING VOTERS. Malone v.
Tison, 248 Ga. 209, 282 S.E.2d 84 (1981) (decided under former Code Section
21-2-211 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p.
1443, § 3).
EFFECTS OF ERRORS OF
OFFICERS AND VOTERS DISTINGUISHED. --There is a distinction between the errors
of officers conducting elections and errors of the voters themselves. In the
former case, since the voter has no power over the officer, the officer's
blunder will not disenfranchise the voter, unless it is mandatory under the
law, whereas the voter may by the voter's own neglect be disenfranchised.
Malone v. Tison, 248 Ga. 209, 282 S.E.2d 84 (1981) (decided under former Code
Section 21-2-211 as it read prior to the 1994 repeal and reenactment by Ga. L.
1994, p. 1443, § 3).
REMOVAL OF
REGISTRAR. --Findings that voided elections were directly caused by the
registrar's failure to follow the law and properly administer the duties of the
office were supported by evidence sufficient to warrant the registrar's removal
from office for cause. Collier v. Board of Comm'rs, 240 Ga. App. 605, 524
S.E.2d 292 (1999).
NONRESIDENT ELECTORS
GRANTED RIGHT TO VOTE UNDER CITY ORDINANCE do not have any vested rights to
their franchised status which would prevent the General Assembly from enacting
a registration law having the effect of invalidating their registration
certificates. Parkerson v. Malcolm, 227 Ga. 132, 179 S.E.2d 61 (1971) (decided
under former Code 1933, § 34A-104).
ELECTOR NOT DENIED
RIGHT TO VOTE BY REGISTRAR'S NEGLIGENCE. --An elector will not be deprived of
the right to vote merely because of the negligent failure of the registrar to
enter the elector's name or address on the registry list, or because the
elector was registered by a third person with whom the registrar had left the
registrar's books, or because of the failure of the registrar to post a list of
the electors, or because the registration was made at a place other than that
named by the registrar in the notice. Malone v. Tison, 248 Ga. 209, 282 S.E.2d
84 (1981) (decided under former Code Section 21-2-211 as it read prior to the
1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).
The power and
duties of registration officers should not be so construed as to make the right
to vote by registered voters dependent on a strict observance by such officers
of minute directions of this former article, thereby rendering the
constitutional right of suffrage liable to be defeated through the ignorance or
negligence of the registrars. Malone v. Tison, 248 Ga. 209, 282 S.E.2d 84
(1981) (decided under former Code Section 21-2-211 as it read prior to the 1994
repeal and reenactment by Ga. L. 1994, p. 1443, § 3).
CITED in Lewis v.
O'Day, 284 Ga. 423, 667 S.E.2d 594 (2008).
Research References & Practice Aids
LAW REVIEWS. --
For annual survey article on local government law, see 52
Mercer L. Rev. 341 (2000).
OPINIONS OF THE ATTORNEY
GENERAL
PRECEDENCE OF LOCAL
LAW IN SELECTING REGISTRARS. --Local act creating a county board of elections
and registration did not conflict with former § 21-2-212 and it was appropriate
to determine by local act the method of selecting the members of the board of
elections and registration. 1986 Op. Att'y Gen. No. U86-38 (decided under
former Code Section 21-2-211 as it read prior to the 1994 repeal and
reenactment by Ga. L. 1994, p. 1443, § 3).
SECTION 15-12-81
ADVERTISING PROVISION INAPPLICABLE. --The advertisement provisions of Ga. L.
1958, p. 686, §§ 1 and 2 (see O.C.G.A. § 15-12-81) are not applicable to the
recommendations of the grand jury for county registrars. 1960-61 Op. Att'y Gen.
p. 209 (decided under Ga. L. 1958, p. 269 and former Code Section 21-2-211 as
it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, §
3).
DECLARATION OF
INTENT NOT TO SERVE FOLLOWING APPOINTMENT. --While electors recommended by the
grand jury for the board of registrars for a county may declare their intention
not to serve, thereby invalidating the recommendations, their declaration of
intent after appointment constitutes a resignation, requiring the superior
court judge to appoint successors to serve until the next grand jury convenes.
1973 Op. Att'y Gen. No. U73-31 (decided under former Code 1933, § 34-603 as it
read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, §
3).
POLITICAL PARTY NOT
REQUIRED TO PAY REGISTRARS' COMPENSATION. --Former Code 1933, § 34-603 did not
require that a political party pay any part of the compensation fixed for the
county registrars. 1965-66 Op. Att'y Gen. No. 65-27 (decided under former Code
Section 21-2-211 as it read prior to the 1994 repeal and reenactment by Ga. L.
1994, p. 1443, § 3).
NONFEASANCE IS CAUSE
FOR REMOVAL. --Nonfeasance or any instance where the registrar might not be
doing an effective job would be as much a cause for removal from office as
malfeasance in office. Op. Att'y Gen. No. 71-168 (decided under former Code
1933, § 34-603 as it read prior to the 1994 repeal and reenactment by Ga. L.
1994, p. 1443, § 3).
AM. JUR. 2D. --
25 Am. Jur. 2d, Elections, §§ 177, 183.
C.J.S. --
29 C.J.S., Elections, §§ 59, 112, 121.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. TITLE 21 Chapter 2 Article 6
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 6. REGISTRATION OF VOTERS
TITLE 21 Chapter 2 Article 6 NOTE
Annotations
EDITOR'S NOTES. --
Ga. L. 1994, p. 1443, § 3, effective January 1, 1995, repealed the Code sections formerly codified at this article and enacted a new article. The former article consisted of Code Sections 21-2-210 through 21-2-246 and was based on Orig. Code 1863, § 1227; Code 1868, § 1308; Code 1873, § 1281; Code 1882, § 1281; Ga. L. 1894, p. 115, §§ 2, 6-8, 10-12, 14; Ga. L. 1895, p. 115, § 3; Civil Code 1895, §§ 34, 36, 41, 42, 48-50, 52-54, 56-58, 60, 63, 64; Ga. L. 1897, p. 95, § 1; Ga. L. 1899, p. 21, § 1; Ga. L. 1908, p. 58, §§ 1, 4-10; Civil Code 1910, §§ 36, 38, 41, 42, 49, 50, 52, 54-56, 58, 59, 61, 63-66, 68, 70, 71, 73, 74; Ga. L. 1911, p. 167, § 2; Ga. L. 1913, p. 115, §§ 1, 3; Code 1933, §§ 34-103, 34-106 - 34-108, 34-115, 34-203, 34-204, 34-301, 34-303, 34-401, 34-402, 34-404, 34-405, 34-407, 34-408, 34-602 - 34-605, 34-801, 34-803, 34-804, 34-1001, 34-1101; Ga. L. 1943, p. 353, § 3; Ga. L. 1949, p. 1204, §§ 6-11, 13-20, 23, 24, 26, 28-36, 39, 41, 42, 45, 48, 53, 54; Ga. L. 1950, p. 126, § 8; Ga. L. 1955, p. 344, § 1; Ga. L. 1957, p. 385, § 1; Ga. L. 1958, p. 269, §§ 2-8, 10-17, 20-31, 33, 35, 36, 39, 41, 43, 44; Ga. L. 1959, p. 182, § 1; Ga. L. 1960, p. 257, § 1; Ga. L. 1960, p. 955, § 1; Ga. L. 1961, p. 56, § 1; Ga. L. 1961, p. 162, § 1; Ga. L. 1961, p. 164, § 1; Ga. L. 1963, p. 73, §§ 1, 2; Ga. L. 1964, Ex. Sess., p. 26, § 1; Code 1933, §§ 34-601 - 34-607, 34-609 - 34-617, 34-619 - 34-636; Ga. L. 1968, p. 847, § 1; Ga. L. 1968, p. 871, §§ 1-4, 4a; Ga. L. 1969, p. 285, §§ 1, 2; Ga. L. 1969, p. 329, §§ 5a, 7; Ga. L. 1970, p. 383, §§ 1, 2; Ga. L. 1971, p. 270, § 1; Ga. L. 1971, Ex. Sess., p. 61, §§ 1-7; Ga. L. 1974, p. 95, §§ 1-6; Ga. L. 1975, p. 803, §§ 1-4; Ga. L. 1976, p. 457, §§ 1-4; Ga. L. 1976, p. 468, § 1; Ga. L. 1976, p. 473, § 1; Code 1933, § 34-626.1; Ga. L. 1977, p. 1053, § 2; Ga. L. 1978, p. 1004, §§ 6-13, 24, 36; Code 1933, § 34-608; Ga. L. 1978, p. 1023, § 1; Ga. L. 1978, p. 1035, § 1; Ga. L. 1979, p. 955, § 2; Ga. L. 1979, p. 962, § 1; Ga. L. 1979, p. 1080, § 1; Ga. L. 1980, p. 1256, §§ 1, 6; Ga. L. 1981, p. 1238, §§ 4-6; Ga. L. 1981, p. 1718, §§ 2, 3; Ga. L. 1981, p. 1798, §§ 1-3; Code 1981, §§ 21-2-210 - 21-246; Ga. L. 1982, p. 3, § 21; Ga. L. 1982, p. 442, §§ 1, 2; Ga. L. 1982, p. 688, §§ 1, 2; Ga. L. 1982, p. 850, §§ 1, 2; Ga. L. 1982, p. 1292, §§ 3-7; Ga. L. 1982, p. 1512, § 5; Ga. L. 1982, p. 2107, §§ 21-23; Ga. L. 1983, p. 140, §§ 1, 2; Ga. L. 1983, p. 786, § 2; Ga. L. 1983, p. 930, §§ 5, 6; Ga. L. 1984, p. 1, §§ 2-5; Ga. L. 1984, p. 133, § 1; Ga. L. 1984, p. 635, § 1; Ga. L. 1984, p. 677, § 1; Ga. L. 1984, p. 694, § 1; Ga. L. 1984, p. 922, § 1; Ga. L. 1984, p. 1372, § 1; Ga. L. 1984, p. 1430, § 1; Ga. L. 1984, p. 1490, §§ 1, 2; Code 1981, § 21-2-232.1; Ga. L. 1985, p. 206, § 1; Ga. L. 1985, p. 496, §§ 7-12; Code 1981, § 21-2-232.2; Ga. L. 1985, p. 632, §§ 1, 2; Ga. L. 1985, p. 1236, § 1; Ga. L. 1985, p. 1318, §§ 1, 2; Ga. L. 1986, p. 32, § 1; Ga. L. 1986, p. 382, §§ 2, 3; Ga. L. 1986, p. 772, § 2; Ga. L. 1986, p. 932, §§ 1-4; Ga. L. 1986, p. 1028, § 1; Ga. L. 1987, p. 351, § 1; Ga. L. 1987, p. 417, §§ 2, 3; Ga. L. 1987, p. 1360, § 12; Ga. L. 1988, p. 639, § 1; Ga. L. 1988, p. 647, § 1; Ga. L. 1988, p. 752, §§ 1-5; Ga. L. 1988, p. 926, § 1; Ga. L. 1988, p. 928, § 1; Ga. L. 1989, p. 10, § 1; Ga. L. 1989, p. 659, § 1; Ga. L. 1989, p. 661, § 1; Ga. L. 1989, p. 662, § 1; Ga. L. 1989, p. 849, § 1; Ga. L. 1989, p. 1082, § 1; Ga. L. 1990, p. 143, §§ 1, 1A, 2; Ga. L. 1990, p. 243, §§ 5, 6; Ga. L. 1990, p. 1238, § 1; Ga. L. 1990, p. 1282, § 1; Ga. L. 1991, p. 133, § 1; Ga. L. 1992, p. 56, § 1; Ga. L. 1992, p. 1060, § 1; Ga. L. 1992, p. 1231, § 1; Ga. L. 1992, p. 1815, § 1; Ga. L. 1992, p. 2048, § 1; Ga. L. 1992, p. 2051, § 1; Ga. L. 1992, p. 2345, § 1; Ga. L. 1993, p. 118, § 1; Ga. L. 1993, p. 617, §§ 6, 7; Ga. L. 1994, p. 237, § 2; Ga. L. 1994, p. 1406, §§ 10-18.
Ga. L. 1994, p. 1443, § 28, not codified by the General Assembly, provides: "This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval [April 15, 1994] for the purpose of authorizing the Secretary of State to design and distribute such forms and materials and to develop, procure, and install such computer hardware and software as are required under the provisions of this Act and to exercise such administrative authority as such officer deems necessary and proper for the implementation of this Act. For all other purposes, this Act shall become effective January 1, 1995."
EDITOR'S NOTES. --
In light of the similarity of the statutory provisions, decisions under former Code 1933, Chapter 34-6 and § 34-115 are included in the annotations for this article.
Case Notes
JUDICIAL DECISIONS
PURPOSE OF REGISTRATION STATUTES. --Registration statutes have for their purpose the regulation of the exercise of the right of suffrage, not to qualify or restrict the right to vote. Franklin v. Harper, 205 Ga. 779, 55 S.E.2d 221 (1949), appeal dismissed, 339 U.S. 946, 70 S. Ct. 804, 94 L. Ed. 1361 (1950) (decided under former Code 1933, § 34-115).
Registration laws are the means or machinery under which proofs are furnished showing the existence of the voter's qualifications. Franklin v. Harper, 205 Ga. 779, 55 S.E.2d 221 (1949), appeal dismissed, 339 U.S. 946, 70 S. Ct. 804, 94 L. Ed. 1361 (1950) (decided under former Code 1933, § 34-115).
REGISTRATION LAWS MUST BE IMPARTIAL, uniform, and reasonable, giving to all a fair and reasonable opportunity to exercise such right. Franklin v. Harper, 205 Ga. 779, 55 S.E.2d 221 (1949), appeal dismissed, 339 U.S. 946, 70 S. Ct. 804, 94 L. Ed. 1361 (1950) (decided under former Code 1933, § 34-115).
LIMITATION ON LEGISLATURE'S POWER TO DETERMINE VOTER QUALIFICATIONS. --The legislature, even in the absence of express constitutional power, can provide for the registration of voters; but where the state Constitution provides who shall be entitled to vote, the legislature cannot take from or add to the qualifications unless the power is granted expressly or by necessary implication. Franklin v. Harper, 205 Ga. 779, 55 S.E.2d 221 (1949), appeal dismissed, 339 U.S. 946, 70 S. Ct. 804, 94 L. Ed. 1361 (1950) (decided under former Code 1933, § 34-115).
The legislature has wide latitude in determining how the qualifications required by the Constitution may be determined, provided it does not deny the right of franchise by making the exercise of such right so difficult or inconvenient as to amount to a denial of the right to vote. Franklin v. Harper, 205 Ga. 779, 55 S.E.2d 221 (1949), appeal dismissed, 339 U.S. 946, 70 S. Ct. 804, 94 L. Ed. 1361 (1950) (decided under former Code 1933, § 34-115).
CITED in NAACP v. Georgia, 494 F. Supp. 668 (N.D. Ga. 1980).
OPINIONS OF THE ATTORNEY GENERAL
FOR GENERAL DISCUSSION OF POWERS AND DUTIES OF COUNTY BOARDS OF REGISTRARS AND CHIEF REGISTRARS, see 1982 Op. Att'y Gen. No. U82-12.
Research References & Practice Aids
CROSS REFERENCES. --
Exceptions to right to register and vote, Ga. Const. 1983, Art. II, Sec. I, Para. III. Penalties for offenses relating to voter registration, §§ 21-2-561, 21-2-562.
ALR. --
Constitutionality of statutes in relation to registration before voting at election or primary, 91 A.L.R. 349.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-211
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 6. REGISTRATION OF VOTERS
§ 21-2-211. List of registered electors; provision of
equipment to access and utilize list
(a) The
Secretary of State shall establish and maintain a list of all eligible and
qualified registered electors in this state which shall be the official list of
electors for use in all elections in this state conducted under this title.
(b)
(1) As used in this subsection, the term
"equipment" shall include, but not be limited to, computer hardware;
computer software; modems, controllers, and other data transmission devices;
data transmission lines; scanners and other digital imaging devices; and
printers.
(2) The Secretary of State is authorized
to procure and provide all of the necessary equipment to permit the county
boards of registrars to access and utilize the official list of electors
maintained by the Secretary of State pursuant to this Code section, provided
that funds are specifically appropriated by the General Assembly for that
purpose.
History
Code
1981, § 21-2-211, enacted by Ga. L. 1994, p. 1443, § 3; Ga. L. 1998, p. 295, §
1.
Annotations
Research References & Practice Aids
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-213.1
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 6. REGISTRATION OF VOTERS
§ 21-2-213.1. Monthly contingent expense allowance for the
operation of the office of the board of registrars
In
addition to any salary, fees, or expenses now or hereafter provided by law, the
governing authority of each county is authorized to provide as contingent
expenses for the operation of the office of the board of registrars, and
payable from county funds, a monthly expense allowance for each registrar of
not less than the amount fixed in the following schedule:
Population Minimum
Monthly Expenses
11,890
74,999
200.00
--
75,000 249,999
300.00
--
250,000 499,999
400.00
--
500,000
500.00
or more
History
Code
1981, § 21-2-213.1, enacted by Ga. L. 2001, p. 902, § 17.
Annotations
Research References & Practice Aids
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-214
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 6. REGISTRATION OF VOTERS
§ 21-2-214. Qualifications of registrars and deputy
registrars; prohibited political activities; oath of office; privilege from
arrest; duties conducted in public
(a) Members
of the board of registrars shall be electors of this state and the county in which
they serve, and any deputy registrars shall be electors of this state. All
registrars shall be able to read, write, and speak the English language.
Registrars and deputy registrars shall have never been convicted of a felony
involving moral turpitude unless such person's civil rights have been restored
and at least ten years have elapsed from the date of the completion of the
sentence without a subsequent conviction of another felony involving moral
turpitude and shall never have been convicted of a crime involving fraud, and
the appointing authority shall be authorized to investigate the applicant's
criminal history before making such appointment.
(b) The
office of a member of a county board of registrars, a deputy registrar, a
member of a county or municipal board of elections or county or municipal board
of elections and registration, or a member of a joint county-municipal board of
elections or joint county-municipal board of elections and registration shall
be vacated immediately upon such officer's qualifying for any nomination or
office to be voted for at a primary or election or qualifying for any
nomination or office or qualifying to have such officer's name placed on any
primary or election ballot pursuant to Code Sections 21-2-132 and 21-2-153 or
giving notice of such officer's intention of write-in candidacy; provided,
however, that this Code section shall not apply to a chief deputy registrar who
is also an elected public officer and who seeks to qualify for reelection to
the public office such chief deputy registrar is presently holding. Nothing
contained in this Code section shall cause the office of a member of a county
board of registrars, deputy registrar, member of a county or municipal board of
elections or county or municipal board of elections and registration, or a
member of a joint county-municipal board of elections or joint county-municipal
board of elections and registration to be vacated upon qualifying for or having
such officer's name placed on the ballot or holding office in a political party
or body or serving as a presidential elector.
(c) No
member of a county board of registrars, deputy registrar, member of a county or
municipal board of elections or county or municipal board of elections and
registration, or a member of a joint county-municipal board of elections or
joint county-municipal board of elections and registration, while conducting
the duties of such person's office, shall engage in any political activity on
behalf of a candidate, political party or body, or question, including, but not
limited to, distributing campaign literature, engaging in any communication
that advocates or criticizes a particular candidate, officeholder, or political
party or body, and wearing badges, buttons, or clothing with partisan messages.
(d) Before entering upon the duties of
office, each registrar and deputy registrar shall take the following oath
before some officer authorized to administer oaths under the laws of this
state:
"I
do solemnly swear that I will faithfully and impartially discharge, to the best
of my ability, the duties imposed upon me by law as (deputy)
registrar."
(e) Registrars, deputy registrars,
election superintendents, and poll officers shall be privileged from arrest
upon days of primaries and elections, except for fraudulent misconduct of duty,
felony, larceny, or breach of the peace.
(f) The registrars shall conduct their
duties in public and all hearings on the qualifications of electors shall be
conducted in public.
History
Code
1981, § 21-2-214, enacted by Ga. L. 1994, p. 1443, § 3; Ga. L. 1998, p. 295, §
1; Ga. L. 2001, p. 230, § 6; Ga. L. 2001, p. 240, § 13; Ga. L. 2003, p. 517, §
15; Ga. L. 2012, p. 995, § 12/SB 92; Ga. L. 2017, p. 697, § 6/HB 268; Ga. L. 2018, p. 1112, § 21/SB 365.
Annotations
THE 2017 AMENDMENT,
effective July 1, 2017, in subsection (a), substituted "this state and the
county" for "the state and county" near the beginning of the
first sentence, and deleted the former third sentence, which read:
"Municipal registrars shall be registered Georgia voters and shall be able
to read, write, and speak the English language."; and deleted "or
municipal" preceding "board of registrars" near the beginning of
the first and second sentences of subsection (b) and near the beginning of
subsection (c).
THE 2018 AMENDMENT,
effective May 8, 2018, part of an Act to revise, modernize, and correct the
Code, substituted "electors of this state" for "electors of the
state" at the end of the first sentence of subsection (a).
EDITOR'S NOTES. --
In light of the similarity of the statutory provisions,
opinions under former Code 1933, § 34-605 and former Code Section 21-2-213 are
included in the annotations for this Code section.
Case Notes
JUDICIAL DECISIONS
EDITOR'S NOTES. --In
light of the similarity of the statutory provisions, decisions under former
Code 1933, § 34A-103 and former Code Section 21-2-213 are included in the
annotations for this Code section.
COUNTY REGISTRAR WAS
NOT PROHIBITED FROM ENTERING MUNICIPAL ELECTION because the restriction on
registrars did not apply to municipal elections and because the restriction on
municipal registrars did not govern county registrars by definition under
former Code 1933, § 34A-103. Jarnagin v. Harris, 138 Ga. App. 318, 226 S.E.2d
108 (1976) (decided under former Code 1933, § 34A-103 as it read prior to the
1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).
Research References & Practice Aids
ADMINISTRATIVE RULES AND
REGULATIONS. --
Rules and regulations for voter registration by registrars
and deputy registrars, Official Compilation of the Rules and Regulations of the
State of Georgia, Georgia Election Code, Registration of Electors, §
183-1-6-.03.
LAW REVIEWS. --
For article, "Local Government Law," see 53 Mercer
L. Rev. 389 (2001).
For note on the
2001 amendment to this Code section, see 18 Ga. St. U.L. Rev. 114 (2001).
OPINIONS OF THE ATTORNEY
GENERAL
WORDS "AT A
PRIMARY OR ELECTION," as they are used in former Code 1933, § 34-605
(formerly § 21-2-213), include any primary or election, whether or not the
conduct of that primary or election is otherwise governed by the Georgia
Election Code. 1976 Op. Att'y Gen. No. 76-8 (decided prior to 1986 amendment
and under former Code 1933, § 34-605 as it read prior to the 1994 repeal and
reenactment by Ga. L. 1994, p. 1443, § 3).
CODE SECTION 45-2-5
NOT APPLICABLE TO REGISTRARS. --Qualifications of voter registrars and deputy
registrars established by former Code 1933, § 34-605 (formerly § 21-2-213) are
unaffected by former Code 1933, § 89-950 (see now O.C.G.A. § 45-2-5)
prohibiting counties and municipalities from requiring employees to reside
within. 1975 Op. Att'y Gen. No. 75-111 (decided under former Code 1933, §
34-605 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443,
§ 3).
PERSON MAY HOLD
PUBLIC OFFICE ACQUIRED PRIOR TO BECOMING REGISTRAR. --Former Code 1933, §
34-605 (formerly § 21-2-213) does not specifically prohibit a person from
serving out a term of public office to which elected prior to becoming a registrar
or deputy registrar. 1978 Op. Att'y Gen. No. 78-19 (decided under former Code
1933, § 34-605 as it read prior to the 1994 repeal and reenactment by Ga. L.
1994, p. 1443, § 3).
A county
registrar may serve as a city councilman so long as the person is elected to
the council prior to becoming a registrar. 1969 Op. Att'y Gen. No. 69-366
(decided under former Code 1933, § 34-605 as it read prior to the 1994 repeal
and reenactment by Ga. L. 1994, p. 1443, § 3).
ELIGIBILITY FOR
NOMINATION TO COUNTY OFFICE AFTER RESIGNATION. --A deputy registrar, within six
months of having resigned from office, is not eligible to qualify for
nomination by primary to a county office. 1980 Op. Att'y Gen. No. 80-40
(decided under former Code 1933, § 34-605 as it read prior to the 1994 repeal
and reenactment by Ga. L. 1994, p. 1443, § 3).
MEMBERSHIP ON
DEMOCRATIC PARTY COUNTY COMMITTEE WOULD NOT DISQUALIFY A PERSON from serving on
the county board of registrars so long as members of the county committee are
not voted for at a primary or election. 1968 Op. Att'y Gen. No. 68-470 (decided
under former Code 1933, § 34-605 as it read prior to the 1994 repeal and
reenactment by Ga. L. 1994, p. 1443, § 3).
DEPUTY REGISTRARS
MAY SERVE WITHOUT COMPENSATION. --So long as the deputy registrars possess the
qualifications required by the Georgia Election Code, there is no prohibition
against these persons serving without compensation. 1971 Op. Att'y Gen. No.
71-168 (decided under former Code 1933, § 34-605 as it read prior to the 1994
repeal and reenactment by Ga. L. 1994, p. 1443, § 3).
DISPLAY OF SIGNS IN
BUSINESS USED AS REGISTRATION SITE. --Private businesses which are used as
voter registration places may not display political signs or posters supportive
of a particular political candidate, party, or issue. 1986 Op. Att'y Gen. No.
86-14 (decided under former Code Section 21-2-213 as it read prior to the 1994
repeal and reenactment by Ga. L. 1994, p. 1443, § 3).
AM. JUR. 2D. --
25 Am. Jur. 2d, Elections, §§ 177, 183.
C.J.S. --
29 C.J.S., Elections, § 59 et seq. 84 C.J.S., Taxation, §§
503, 510.
ALR. --
Waiver of privilege against or nonliability to arrest in
civil action, 8 A.L.R. 754.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-215
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 6. REGISTRATION OF VOTERS
§ 21-2-215. Main office of board of registrars; location;
business hours; additional registration places; educators to serve as deputy
registrars; training; registration cards and papers
(a) For
the purpose of taking and processing applications for registration and for the
purpose of registering electors, such number of registrars or deputy registrars
as shall be designated by the chief registrar shall be stationed in the main
office of the board of registrars.
(b) In
those counties in which the registrars have a main office separate from other
county offices, the main office shall be in the courthouse or other public
building at the county site. In those counties in which the registrars do not
have an office separate from other county offices, the office of the chief
deputy registrar or other office designated by the board of registrars which is
accessible at all times during normal business hours shall be deemed to be the
main office of the board of registrars.
(c) The main office of the board of
registrars in each county shall remain open for business during regular office
hours on each business day, except Saturday. The main office, or such other
offices, shall be open at such designated times other than the normal business
hours as shall reasonably be necessary to facilitate registration and at such
other hours as will suit the convenience of the public.
(d) The board of registrars may
designate additional registration places throughout the county on a temporary
or permanent basis. These additional offices for registration will have fixed
hours of operation. All voter registration places shall be places open to the
general public and frequented by the general public. Such places for temporary
or permanent voter registration may include, but shall not be limited to, any
of the following: churches, synagogues, governmentally funded and managed
public housing facilities, public social agencies, public child care centers,
public recreation centers, public buildings and shopping centers, multifamily
apartment complexes, child care centers, and educational facilities, provided
that such places are in fact open to and frequented by the general public.
(e) Additional registration places and
the hours of operation shall be advertised in a newspaper of general
circulation in the county or in the form of a public service announcement on
radio or television one or more times at least three days prior to the first
day for registration.
(f) The State Election Board shall adopt
rules and regulations setting forth criteria governing the selection of voter
registration places in conformity with the provisions of subsection (d) of this
Code section. Boards of registrars shall not adopt rules nor utilize procedures
inconsistent with such rules and regulations adopted by the State Election
Board; provided, however, that nothing contained in this subsection shall
supersede the ultimate authority of local boards in selecting additional voter
registration sites.
(g) Each principal or assistant
principal of every public or private high school, the president of every public
or private college or university, the president of each state supported
technical institute in this state, and the designee of such principal,
assistant principal, college or university president, or state supported
technical institute president shall be a deputy registrar of the county in
which the school, college, university, or institute is located for the purpose
of receiving voter registration applications from those qualified applicants
who are enrolled students within the principal's school or the president's
college, university, or institute or who are employed by the private high
school, the school system, the college or university, or the state supported
technical institute, notwithstanding the fact that such students or employees
are not residents of the county in which the school, college, university, or
institute is located. Such principals, assistant principals, presidents, and
their designees shall inform their students and employees of the availability
of such voter registration and shall provide reasonable and convenient
procedures to enable such persons who are qualified applicants to register. The
principal of each public or private high school, the president of each public
or private college or university, and the president of each state supported
technical institute are authorized to invite other deputy registrars to the
school, college, university, or institute for the purpose of conducting voter
registration. All such deputy registrars authorized by this subsection shall
receive annual training by the board of registrars of the county in which such
deputy registrar shall work.
(h) The completed registration cards in
the custody of the board of registrars and the other papers of the board of
registrars shall be secured and maintained in the main office of the board of
registrars, with the exception that completed registration cards may be
retained temporarily at permanent additional voter registration places
established under this Code section but shall be transmitted to the main office
as expeditiously as possible by a registrar or deputy registrar or by United
States mail. In no event shall the completed registration cards be temporarily
retained beyond the end of the next business day. However, in counties in which
a computer system for the electronic imaging of the entire voter registration
card or the signature of the voter is operational and permits the registrars to
view the signature of the voter electronically, the completed registration
cards may be stored in a secure area outside of the main office of the board of
registrars, provided that such cards may be retrieved within a reasonable time
in the event that the actual card is needed. The electronic image of the
voter's signature may be used by the registrars in the same manner as the
original signature on the voter registration card to verify absentee ballot
applications, absentee ballots, petitions, and other documents which require
the registrars to compare the signature of the voter on the document to the
signature on the voter's registration card.
(i) The board of registrars shall enter
into the state-wide voter registration system credit for voting by qualified
electors to the Secretary of State within 60 days of a primary or election for
the purpose of maintaining the list of electors and voter history.
History
Code
1981, § 21-2-215, enacted by Ga. L. 1994, p. 1443, § 3; Ga. L. 1996, p. 145, §
5; Ga. L. 1998, p. 295, § 1; Ga. L. 2001, p. 240, § 14; Ga. L. 2005, p. 253, § 23/HB 244.
Annotations
EDITOR'S NOTES. --
In light of the similarity of the statutory provisions,
opinions under former Code 1933, § 34-610 and former Code Section 21-2-218 are
included in the annotations for this Code section.
Case Notes
JUDICIAL DECISIONS
EDITOR'S NOTES. --In
light of the similarity of the statutory provisions, decisions under former
Code Section 21-2-218 are included in the annotations for this Code
section.
FORMER CODE 1933, §
34-610 CREATED THREE CATEGORIES OF REGISTRATION PLACES: the main office of the
board of registrars; other fixed places which may be designated as registration
places; and additional nonfixed registration places which shall be designated
in even-numbered years by the chief registrar of counties with a population of
over 100,000 according to a United States decennial census of 1960 or later.
Malone v. Tison, 248 Ga. 209, 282 S.E.2d 84 (1981) (decided prior to first 1986
amendment of Code Section 21-2-218, which deleted the provision relating to
counties with a population of 100,000 or more).
PURPOSE OF
ADVERTISING REQUIREMENT. --The advertisement requirement of former § 21-2-218
was a salutary one. It encompassed within its purposes both the interest of the
citizen in learning of convenient places to register to vote, and the interest
of the voters in knowing where registration was being conducted so that any
imbalance in chosen locations became apparent and could be challenged. Malone
v. Tison, 248 Ga. 209, 282 S.E.2d 84 (1981) (decided under former Code Section
21-2-218 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p.
1443, § 3).
REFERENCE IN FORMER
§ 21-2-218 TO "ADDITIONAL REGISTRATION PLACES" was a reference solely
to "additional voter registration places" contained in the former
section and did not require the one-time advertisement of registration places
which are "fixed." Malone v. Tison, 248 Ga. 209, 282 S.E.2d 84 (1981)
(decided under former Code Section 21-2-218 as it read prior to the 1994 repeal
and reenactment by Ga. L. 1994, p. 1443, § 3).
ADVERTISEMENT
PROVISION OF FORMER § 21-2-218 WAS MANDATORY and not satisfied by publicity
through news articles. Malone v. Tison, 248 Ga. 209, 282 S.E.2d 84 (1981)
(decided under former Code Section 21-2-218 as it read prior to the 1994 repeal
and reenactment by Ga. L. 1994, p. 1443, § 3).
ENFORCEMENT OF
ADVERTISING REQUIREMENT. --Advertisement provision of former § 21-2-218 could
be enforced as to future registration by mandamus or injunction against the
registrars. In any instance where it was willfully abrogated by the responsible
public officers, they were subject to criminal prosecution under former §
21-2-596. Malone v. Tison, 248 Ga. 209, 282 S.E.2d 84 (1981) (decided under
former Code Section 21-2-218 as it read prior to the 1994 repeal and
reenactment by Ga. L. 1994, p. 1443, § 3).
FAILURE TO ADVERTISE
HAD NO EFFECT ON OTHERWISE VALID REGISTRATION. --The incorrect registrations of
otherwise qualified voters were not invalid because they were processed at
additional registration places which were not advertised in compliance with
former § 21-2-218, given a finding of good faith. Malone v. Tison, 248 Ga. 209,
282 S.E.2d 84 (1981) (decided under former Code Section 21-2-218 as it read
prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).
DESIGNATION OF
CHURCH AS VOTER REGISTRATION SITE. --A complaint seeking a declaratory judgment
that the acts and policies of the local board of registrars in not designating
the plaintiff-church as a voter registration site were illegal was properly
dismissed, as: (1) mandamus, used to compel official action when a public
official has discretion to act, but arbitrarily and capriciously refuses to do
so, was the appropriate remedy; and (2) nothing in former subsection (f)
required that churches be designated as voter registration sites. Fourth St.
Baptist Church v. Board of Registrars, 253 Ga. 368, 320 S.E.2d 543 (1984)
(decided under former Code Section 21-2-218 as it read prior to the 1994 repeal
and reenactment by Ga. L. 1994, p. 1443, § 3).
Research References & Practice Aids
OPINIONS OF THE ATTORNEY
GENERAL
COUNTY RESIDENCY
REQUIREMENT. --Registrar may only conduct registration of electors within the
registrat's county for residents of that county. 1980 Op. Att'y Gen. No. 80-63
(decided under former Code 1933, § 34-610 as it read prior to the 1994 repeal
and reenactment by Ga. L. 1994, p. 1443, § 3).
REGISTRATION MAY NOT
BE DONE HOUSE-TO-HOUSE. --The Georgia Election Code does not contemplate the
registration of electors by having the registration official move from house to
house for the purpose of registering voters. 1965-66 Op. Att'y Gen. No. 66-163
(decided under former Code 1933, § 34-610 as it read prior to the 1994 repeal
and reenactment by Ga. L. 1994, p. 1443, § 3).
REGISTRAR'S
DISCRETION IN DESIGNATING PLACES FOR REGISTRATION. --The discretion formerly
given a chief registrar in designating places for registration did not specify
that the registrar had uncontrolled discretion; thus, the registrar's
designations could be based upon the purpose for which the power existed, the
chief purpose being that of registering voters. 1971 Op. Att'y Gen. No. 71-168
(decided under former Code 1933, § 34-610 as it read prior to the 1994 repeal
and reenactment by Ga. L. 1994, p. 1443, § 3).
MAIN REGISTRATION
OFFICE HAD TO BE AT COUNTY SITE. --Registration of electors and the other
functions performed by the registrars were not administrative services but were
official functions; therefore, the main office for registration of electors had
to be located at the county site, with additional offices located elsewhere in
the county as permitted by former Code. 1974 Op. Att'y Gen. No. 74-25 (decided
under former Code 1933, § 34-610 as it read prior to the 1994 repeal and
reenactment by Ga. L. 1994, p. 1443, § 3).
NO OFFICE COULD BE
LOCATED OUTSIDE THE COUNTY. --County registrars could not lawfully establish a
place outside the county which they used for the purpose of receiving and
acting upon applications for registration of voters. 1975 Op. Att'y Gen. No.
75-148 (decided under former Code 1933, § 34-610 as it read prior to the 1994
repeal and reenactment by Ga. L. 1994, p. 1443, § 3).
WORDS
"OFFICES" OR "OTHER FIXED PLACES" IN FORMER § 21-2-218
could not be read so as to restrict the physical characteristics of additional
voter registration places. 1982 Op. Att'y Gen. No. 82-38 (decided under former
Code Section 21-2-218 as it read prior to the 1994 repeal and reenactment by
Ga. L. 1994, p. 1443, § 3).
IF OFFICE OF COUNTY
BOARD OF REGISTRARS WAS STAFFED ONLY ON PART-TIME BASIS and was not open during
regular office hours on each business day, except Saturday, the office of the
tax collector or tax commissioner was to be designated the main office of the
board of registrars and the records of the board of registrars was to be
maintained in the office of the tax collector or tax commissioner. 1985 Op.
Att'y Gen. No. U85-13 (decided under former Code Section 21-2-218 as it read
prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).
CHURCH COULD BE USED
AS A PLACE FOR VOTER REGISTRATION provided the church was open to the general
public and frequented by such. A church was open to, and frequented by, the
general public if it was open to all worshipers and was frequented by
worshipers who were not members of the church's congregation. 1980 Op. Att'y
Gen. No. U80-38 (decided under former Code 1933, § 34-610 as it read prior to
the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).
SUPERVISION AND
SECURITY FOR ADDITIONAL OFFICES had to be of same degree as, but not
necessarily exactly the same as, that which was provided for main office. 1982
Op. Att'y Gen. No. 82-38 (decided under former Code Section 21-2-218 as it read
prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).
Location and
operation of additional voter registration places had to strictly comply with
the former requirements of former Chapter 2 concerning supervision and
security. 1982 Op. Att'y Gen. No. 82-38 (decided under former Code Section
21-2-218 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p.
1443, § 3).
SUNDAY HOURS.
--Former Code 1933, § 34-610 permitted the board of registrars of a county to
extend the statutory minimum office hours for registration of voters to include
hours on Sundays. 1980 Op. Att'y Gen. No. 80-82 (decided under former Code
1933, § 34-610 as it read prior to the 1994 repeal and reenactment by Ga. L.
1994, p. 1443, § 3).
WHERE BLANK AND
COMPLETED REGISTRATION CARDS KEPT. --With respect to additional voter
registration places, blank registration cards could be only (1) at main office;
(2) in transit to additional voter registration place; (3) at additional voter
registration place, and then after hours of operation, (4a) if voter
registration place had same degree of supervision and security as main office,
at said additional voter registration site overnight, or, (4b) if requisite
supervision and security was unable to be maintained overnight at additional
voter registration place, then, in transit back to main office until such time
as they were issued again. 1982 Op. Att'y Gen. No. 82-38 (decided under former
Code Section 21-2-218 as it read prior to the 1994 repeal and reenactment by
Ga. L. 1994, p. 1443, § 3).
Completed
registration cards could be (1) at additional voter registration place during
times at which registration was taking place, (2) in transit to main office,
and, finally, (3) at main office. 1982 Op. Att'y Gen. No. 82-38 (decided under
former Code Section 21-2-218 as it read prior to the 1994 repeal and
reenactment by Ga. L. 1994, p. 1443, § 3).
Because all
registration cards had to be kept in places for registration and because
completed registration cards had to be kept in main office of registrars,
neither blank nor completed registration cards could be kept at any time in
anyone's private home. 1982 Op. Att'y Gen. No. 82-38 (decided under former Code
Section 21-2-218 as it read prior to the 1994 repeal and reenactment by Ga. L.
1994, p. 1443, § 3).
BLANK REGISTRATION
CARDS COULD NOT BE ISSUED TO AN OFFICE but had to be issued to deputy
registrars, and could not be removed from a registration office. 1978 Op. Att'y
Gen. No. 78-39 (decided under former Code 1933, § 34-610 as it read prior to
the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).
MAINTENANCE OF VOTER
REGISTRATION CARDS. --Though it was illegal to maintain voter registration
lists and polling places on segregated basis, voter registration cards had to
be maintained in manner most conducive to administrative convenience. 1962 Op.
Att'y Gen. p. 225 (decided under former Code 1933, § 34-610 as it read prior to
the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).
AM. JUR. 2D. --
25 Am. Jur. 2d, Elections, § 177 et seq.
C.J.S. --
29 C.J.S., Elections, §§ 59, 70, 73.
ALR. --
Waiver of privilege against or nonliability to arrest in
civil action, 8 A.L.R. 754.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-213
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 6. REGISTRATION OF VOTERS
Notice
This section has more than one version with
varying effective dates. To view a
complete list of the versions of this section see Table of Contents.
§ 21-2-213. (Effective until January 1, 2021. See note.)
County deputy registrars; clerical help; appointment of county officer or
employee as chief deputy registrar
(a) The
board of registrars in each county may appoint deputy registrars to aid them in
the discharge of their duties. The number of deputy registrars appointed to
serve shall be determined by the board of registrars. Such deputy registrars
shall serve without compensation unless the governing authority of the county,
by resolution, authorizes compensation. In appointing deputy registrars, the
registrars shall select persons who are reasonably representative of a cross
section of significantly identifiable groups of the communities or areas where
they are to serve.
(b) The
board of registrars in each county may hire clerical help to assist them in
their duties if the compensation required therefor has been first approved by
the governing authority of the county. Such additional clerks shall be eligible
to be appointed as deputy registrars for the purpose of registering voters and
performing other duties as may be required, but it shall not be necessary for
such clerks to be electors of the county in which employed.
(c) In every county wherein the
registrars do not maintain an office which is open and staffed during regular
business hours, the registrars shall designate and appoint as chief deputy
registrar a full-time county officer or employee for the purpose of registering
eligible electors and performing other duties as may be required by the board
of registrars. The governing authority of the county shall provide for the
compensation of the chief deputy registrar in an amount not less than $293.29
per month. The name, business address, telephone number, and any other
pertinent information relative to the chief deputy registrar shall be forwarded
by the registrars to the Secretary of State's office, where such information
shall be maintained on file.
History
Code
1981, § 21-2-213, enacted by Ga. L. 1994, p. 1443, § 3; Ga. L. 1996, p. 145, §
4; Ga. L. 1998, p. 295, § 1.; Ga. L. 1998, p. 1159, § 16; Ga. L. 2001, p. 902,
§ 16; Ga. L. 2006, p. 568, § 10/SB 450.
Annotations
EDITOR'S NOTES. --
Code Section 21-2-213 is set out twice in this Code. The
first version is effective until January 1, 2021, and the second version
becomes effective on that date.
EDITOR'S NOTES. --
In light of the similarity of the statutory provisions,
opinions under former Code 1933, § 34-604 and Code Section 21-2-212 are
included in the annotations for this Code section.
Research References & Practice Aids
ADMINISTRATIVE RULES AND REGULATIONS.
--
Rules and regulations for voter registration by registrars
and deputy registrars, Official Compilation of the Rules and Regulations of the
State of Georgia, Georgia Election Code, Registration of Electors, §
183-1-6-.03.
LAW REVIEWS. --
For survey article on local government law, see 34 Mercer L.
Rev. 225 (1982).
OPINIONS OF THE ATTORNEY
GENERAL
DELEGATION OF
RESPONSIBILITIES BY BOARD OF REGISTRARS PERMISSIBLE. --Read together, former §
21-2-212 and § 21-2-384 allow the conclusion that the Board of Registrars has
authority to delegate to deputy registrars any of the tasks for which it is
responsible. 1981 Op. Att'y Gen. No. 81-70 (decided under former Code Section
21-2-212 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p.
1443, § 3).
BOARD OF REGISTRARS
MAY NOT "HIRE" TAX COLLECTOR. --The Election Code does not authorize
the Board of Registrars to "hire" the tax commissioner since the
commissioner is by law a deputy to the board. 1965-66 Op. Att'y Gen. No. 66-137
(decided prior to 1982 amendment and under former Code 1933, § 34-604 as it
read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, §
3).
OATH MAY BE
ADMINISTERED IN MASS. --Persons authorized to register voters pursuant to
subsection (c) of O.C.G.A. § 21-2-212 may, after the registration cards have
been completed by the applicants, administer the oath to all applicants at the
same time and then obtain the required signatures individually. 1983 Op. Att'y
Gen. No. 83-42 (decided under former Code Section 21-2-212 as it read prior to
the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).
REGISTRATION IN
SCHOOLS OUTSIDE COUNTY. --Registrars and deputy registrars of a county are not
authorized to go into a private high school or area vocational school which is
located in another county for the purpose of registering qualified applicants
enrolled at that school. 1985 Op. Att'y Gen. No. 85-44 (decided under former
Code Section 21-2-212 as it read prior to the 1994 repeal and reenactment by
Ga. L. 1994, p. 1443, § 3).
REGISTRATION OF
STUDENTS FROM OTHER COUNTIES. --Principals and assistant principals of public
and private high schools and the directors of area vocational schools are
authorized to register all qualified students enrolled in their schools,
notwithstanding the fact that the students do not reside in the same county in
which the school is located. 1985 Op. Att'y Gen. No. 85-44 (decided under
former Code Section 21-2-212 as it read prior to the 1994 repeal and reenactment
by Ga. L. 1994, p. 1443, § 3).
OTHER EMPLOYEES OF
SCHOOL SYSTEM NOT INCLUDED. --Authority extends only to students and employees
of the school and does not extend to other employees of the school system. 1976
Op. Att'y Gen. No. 76-37 (decided under former Code 1933, § 34-604 as it read
prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).
AM. JUR. 2D. --
25 Am. Jur. 2d, Elections, §§ 177, 183. 72 Am. Jur. 2d,
State & Local Taxation, § 872.
C.J.S. --
29 C.J.S., Elections, § 59. 78 C.J.S., Schools & School
Districts, § 237. 84 C.J.S., Taxation, §§ 503, 510.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-213
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 6. REGISTRATION OF VOTERS
Notice
This section has more than one version with
varying effective dates. To view a
complete list of the versions of this section see Table of Contents.
§ 21-2-213. (Effective January 1, 2021. See note.) County
deputy registrars; clerical help; appointment of county officer or employee as
chief deputy registrar
(a) The
board of registrars in each county may appoint deputy registrars to aid them in
the discharge of their duties. The number of deputy registrars appointed to
serve shall be determined by the board of registrars. Such deputy registrars
shall serve without compensation unless the governing authority of the county,
by resolution, authorizes compensation. In appointing deputy registrars, the
registrars shall select persons who are reasonably representative of a cross
section of significantly identifiable groups of the communities or areas where
they are to serve.
(b) The
board of registrars in each county may hire clerical help to assist them in
their duties if the compensation required therefor has been first approved by
the governing authority of the county. Such additional clerks shall be eligible
to be appointed as deputy registrars for the purpose of registering voters and
performing other duties as may be required, but it shall not be necessary for
such clerks to be electors of the county in which employed.
(c) In every county wherein the
registrars do not maintain an office which is open and staffed during regular
business hours, the registrars shall designate and appoint as chief deputy
registrar a full-time county officer or employee for the purpose of registering
eligible electors and performing other duties as may be required by the board
of registrars. The governing authority of the county shall provide for the
compensation of the chief deputy registrar in an amount not less than $349.60
per month. The name, business address, telephone number, and any other
pertinent information relative to the chief deputy registrar shall be forwarded
by the registrars to the Secretary of State's office, where such information
shall be maintained on file.
History
Code
1981, § 21-2-213, enacted by Ga. L. 1994, p. 1443, § 3; Ga. L. 1996, p. 145, §
4; Ga. L. 1998, p. 295, § 1.; Ga. L. 1998, p. 1159, § 16; Ga. L. 2001, p. 902,
§ 16; Ga. L. 2006, p. 568, § 10/SB 450; Ga. L. 2019, p. 1015, § 8/SB 171.
Annotations
THE 2019 AMENDMENT,
effective January 1, 2021, substituted "$349.60" for
"$293.29" in the second sentence of subsection (c).
EDITOR'S NOTES. --
Code Section 21-2-213 is set out twice in this Code. The
first version is effective until January 1, 2021, and the second version
becomes effective on that date.
EDITOR'S NOTES. --
In light of the similarity of the statutory provisions,
opinions under former Code 1933, § 34-604 and Code Section 21-2-212 are
included in the annotations for this Code section.
Research References & Practice Aids
ADMINISTRATIVE RULES AND
REGULATIONS. --
Rules and regulations for voter registration by registrars
and deputy registrars, Official Compilation of the Rules and Regulations of the
State of Georgia, Georgia Election Code, Registration of Electors, §
183-1-6-.03.
LAW REVIEWS. --
For survey article on local government law, see 34 Mercer L.
Rev. 225 (1982).
OPINIONS OF THE ATTORNEY
GENERAL
DELEGATION OF
RESPONSIBILITIES BY BOARD OF REGISTRARS PERMISSIBLE. --Read together, former §
21-2-212 and § 21-2-384 allow the conclusion that the Board of Registrars has
authority to delegate to deputy registrars any of the tasks for which it is
responsible. 1981 Op. Att'y Gen. No. 81-70 (decided under former Code Section
21-2-212 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p.
1443, § 3).
BOARD OF REGISTRARS
MAY NOT "HIRE" TAX COLLECTOR. --The Election Code does not authorize
the Board of Registrars to "hire" the tax commissioner since the
commissioner is by law a deputy to the board. 1965-66 Op. Att'y Gen. No. 66-137
(decided prior to 1982 amendment and under former Code 1933, § 34-604 as it
read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, §
3).
OATH MAY BE
ADMINISTERED IN MASS. --Persons authorized to register voters pursuant to
subsection (c) of O.C.G.A. § 21-2-212 may, after the registration cards have
been completed by the applicants, administer the oath to all applicants at the
same time and then obtain the required signatures individually. 1983 Op. Att'y
Gen. No. 83-42 (decided under former Code Section 21-2-212 as it read prior to
the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).
REGISTRATION IN
SCHOOLS OUTSIDE COUNTY. --Registrars and deputy registrars of a county are not
authorized to go into a private high school or area vocational school which is
located in another county for the purpose of registering qualified applicants
enrolled at that school. 1985 Op. Att'y Gen. No. 85-44 (decided under former
Code Section 21-2-212 as it read prior to the 1994 repeal and reenactment by
Ga. L. 1994, p. 1443, § 3).
REGISTRATION OF
STUDENTS FROM OTHER COUNTIES. --Principals and assistant principals of public
and private high schools and the directors of area vocational schools are
authorized to register all qualified students enrolled in their schools,
notwithstanding the fact that the students do not reside in the same county in
which the school is located. 1985 Op. Att'y Gen. No. 85-44 (decided under
former Code Section 21-2-212 as it read prior to the 1994 repeal and
reenactment by Ga. L. 1994, p. 1443, § 3).
OTHER EMPLOYEES OF
SCHOOL SYSTEM NOT INCLUDED. --Authority extends only to students and employees
of the school and does not extend to other employees of the school system. 1976
Op. Att'y Gen. No. 76-37 (decided under former Code 1933, § 34-604 as it read
prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).
AM. JUR. 2D. --
25 Am. Jur. 2d, Elections, §§ 177, 183. 72 Am. Jur. 2d,
State & Local Taxation, § 872.
C.J.S. --
29 C.J.S., Elections, § 59. 78 C.J.S., Schools & School
Districts, § 237. 84 C.J.S., Taxation, §§ 503, 510.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-219
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 6. REGISTRATION OF VOTERS
§ 21-2-219. Registration cards; form; registration by
members of armed forces or merchant marine and permanent overseas citizen;
Secretary of State to provide information regarding registration and absentee ballot
procedures; reports regarding absentee ballots
(a) The
registration cards for use by persons in making application to register to vote
shall be in a form as specified by the Secretary of State, which shall include
printed forms, forms made available through electronic means, or otherwise.
Except as provided in subsection (b) of this Code section and Code Section
21-2-221.2, only registration cards issued or authorized for use by the
Secretary of State or the national voter registration card promulgated under
the provisions of the National Voter Registration Act of 1993, 42 U.S.C.
Section 1973gg-7, shall be accepted for purposes of voter registration.
(b) A
person who is a legal resident of this state and a citizen of the United
States; who is a member of the armed forces of the United States or the
merchant marine, is a spouse or dependent of a member of the armed forces or
the merchant marine residing with or accompanying said member, or is
temporarily or permanently residing overseas; and who will be absent from such
person's county of residence until after the time for registering for an
ensuing primary or election may make proper application for voter registration
on the official post card or write-in absentee ballot provided for by the Uniformed
and Overseas Citizens Absentee Voting Act, 42 U.S.C. Section 1973ff, et seq.,
as amended.
(c) Permanent overseas citizens shall
only be authorized to vote for presidential electors and United States senator
or representative in Congress. Permanent overseas citizens shall be deemed to
be residents of the precinct in which the county courthouse is located.
(d) A properly executed registration
card submitted under the provisions of subsection (b) of this Code section
shall be considered to be an application for an absentee ballot under Code
Section 21-2-381 or a special absentee ballot under Code Section 21-2-381.1, as
appropriate.
(e) A person who is a United States
citizen, permanently residing overseas, who has never lived in the United States,
may register and vote in this state in the county of residence of either of
such person's parents under the limitations of subsection (c) of this Code
section if either of the person's parents is registered to vote in this state.
Such person shall be deemed to reside at the same location as the parent for
voting purposes.
(f) The office of the Secretary of State
is designated as the office, under the federal Help America Vote Act, to be
responsible for providing information on registration and absentee ballot
procedures for use by absent uniformed services and overseas voters, including
the use of the federal write-in absentee ballot.
(g) The registrars of each county shall
report to the Secretary of State within 60 days after a general election in
which federal candidates were on the ballot the combined number of absentee
ballots transmitted to absent uniformed services and overseas voters in such
election and the combined number of such ballots that were returned by such
voters and cast in such election.
(h) The Secretary of State shall within
90 days after a general election in which federal candidates were on the ballot
report to the federal Election Assistance Commission, on such form as may be
prescribed by such commission, the combined number of absentee ballots
transmitted to absent uniformed services and overseas voters in such election
and the combined number of such ballots that were returned by such voters and
cast in such election.
History
Code
1981, § 21-2-219, enacted by Ga. L. 1994, p. 1443, § 3; Ga. L. 1998, p. 295, §
1; Ga. L. 2001, p. 240, § 15; Ga. L. 2003, p. 517, § 17; Ga. L. 2010, p. 569, § 1/HB 1073; Ga. L. 2010, p. 914, § 8/HB 540; Ga. L. 2012, p. 995, § 14/SB 92.
Annotations
JUDICIAL DECISIONS
COMPLIANCE WITH
FEDERAL PRIVACY ACT. --Georgia's voter registration forms do not comply with
the notice requirements of § 7(b) of the Privacy Act, 5 U.S.C. § 552a, because
the form requires an applicant to disclose his or her social security number.
Schwier v. Cox, 412 F. Supp. 2d 1266 (N.D. Ga. 2005).
Research References & Practice Aids
U.S. CODE. --
The Help America Vote Act of 2002, referred to in this Code
section, is codified at 42 U.S.C. § 15301 et seq.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-217
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 6. REGISTRATION OF VOTERS
§ 21-2-217. Rules for determining residence
(a) In
determining the residence of a person desiring to register to vote or to
qualify to run for elective office, the following rules shall be followed so
far as they are applicable:
(1) The residence of any person shall be
held to be in that place in which such person's habitation is fixed, without
any present intention of removing therefrom;
(2) A person shall not be considered to
have lost such person's residence who leaves such person's home and goes into
another state or county or municipality in this state, for temporary purposes
only, with the intention of returning, unless such person shall register to
vote or perform other acts indicating a desire to change such person's
citizenship and residence;
(3) A
person shall not be considered to have gained a residence in any county or
municipality of this state into which such person has come for temporary
purposes only without the intention of making such county or municipality such
person's permanent place of abode;
(4) If
a person removes to another state with the intention of making it such person's
residence, such person shall be considered to have lost such person's residence
in this state;
(4.1)If
a person removes to another county or municipality in this state with the
intention of making it such person's residence, such person shall be considered
to have lost such person's residence in the former county or municipality in
this state;
(5) If
a person removes to another state with the intention of remaining there an
indefinite time and making such state such person's place of residence, such
person shall be considered to have lost such person's residence in this state,
notwithstanding that such person may intend to return at some indefinite future
period;
(6) If
a person removes to another county or municipality within this state with the
intention of remaining there an indefinite time and making such other county or
municipality such person's place of residence, such person shall be considered
to have lost such person's residence in the former county or municipality,
notwithstanding that such person may intend to return at some indefinite future
period;
(7) The
residence for voting purposes of a person shall not be required to be the same
as the residence for voting purposes of his or her spouse;
(8) No
person shall be deemed to have gained or lost a residence by reason of such
person's presence or absence while enrolled as a student at any college,
university, or other institution of learning in this state;
(9) The
mere intention to acquire a new residence, without the fact of removal, shall
avail nothing; neither shall the fact of removal without the intention;
(10) No
member of the armed forces of the United States shall be deemed to have
acquired a residence in this state by reason of being stationed on duty in this
state;
(11) If
a person removes to the District of Columbia or other federal territory,
another state, or foreign country to engage in government service, such person
shall not be considered to have lost such person's residence in this state
during the period of such service; and the place where the person resided at
the time of such person's removal shall be considered and held to be such
person's place of residence;
(12) If
a person is adjudged mentally ill and is committed to an institution for the
mentally ill, such person shall not be considered to have gained a residence in
the county in which the institution to which such person is committed is
located;
(13) If
a person goes into another state and while there exercises the right of a
citizen by voting, such person shall be considered to have lost such person's
residence in this state;
(14) The
specific address in the county or municipality in which a person has declared a
homestead exemption, if a homestead exemption has been claimed, shall be deemed
the person's residence address; and
(15) For
voter registration purposes, the board of registrars and, for candidacy
residency purposes, the Secretary of State, election superintendent, or hearing
officer may consider evidence of where the person receives significant mail
such as personal bills and any other evidence that indicates where the person
resides.
(b) In
determining a voter's qualification to register and vote, the registrars to
whom such application is made shall consider, in addition to the applicant's
expressed intent, any relevant circumstances determining the applicant's
residence. The registrars taking such registration may consider the applicant's
financial independence, business pursuits, employment, income sources,
residence for income tax purposes, age, marital status, residence of parents,
spouse, and children, if any, leaseholds, sites of personal and real property
owned by the applicant, motor vehicle and other personal property registration,
and other such factors that the registrars may reasonably deem necessary to
determine the qualification of an applicant to vote in a primary or election.
The decision of the registrars to whom such application is made shall be
presumptive evidence of a person's residence for voting purposes.
History
Code
1981, § 21-2-217, enacted by Ga. L. 1994, p. 1443, § 3; Ga. L. 1998, p. 295, §
1; Ga. L. 1999, p. 21, § 1; Ga. L. 1999, p. 52, § 9; Ga. L. 2003, p. 517, § 16.
Annotations
EDITOR'S NOTES. --
In light of the similarity of the statutory provisions,
opinions under former Code 1933, § 34-632 and former Code Section 21-2-241 are
included in the annotations for this Code section.
JUDICIAL DECISIONS
EDITOR'S NOTES. --In
light of the similarity of the statutory provisions, decisions under former
Code 1933, § 34-632 and former Code Section 21-2-241 are included in the
annotations for this Code section.
RESIDENCY
REQUIREMENT OF COMMISSIONER MET. --In a case involving the residency
requirements of O.C.G.A. §§ 21-2-217(a) and 46-2-1(b), the trial court properly
granted a Commissioner's motion for summary judgment because the evidence
established the Commissioner's residence in District Two at least 12 months
prior to the Commissioner's election to the Public Service Commission; pursuant
to O.C.G.A. § 19-2-3, the domicile of the Commissioner's spouse in another
district was not presumed to be the Commissioner's domicile. Dozier v. Baker,
283 Ga. 543, 661 S.E.2d 543 (2008).
In ruling a
candidate was not qualified to be elected as a member of the commission from a
Georgia Public Service Commission district because the candidate did not meet
the residency requirements of O.C.G.A. § 46-2-1(b), the Georgia Secretary of
State erred in considering only the homestead exemption rule, O.C.G.A. §
21-2-217(a)(14), and ignoring the other applicable portions of § 21-2-217(a) to
determine the candidate's residency. Handel v. Powell, 284 Ga. 550, 670 S.E.2d
62 (2008).
County residents'
challenge to a school board candidate's residency qualification under O.C.G.A.
§ 45-2-1(1) and Ga. Const. 1983, Art. VIII, Sec. V, Para. II, was barred by res
judicata because another challenger had raised the same challenge, and it had
been resolved against the challenger by the county's board of elections. Lilly
v. Heard, 295 Ga. 399, 761 S.E.2d 46 (2014).
IRREBUTTABLE
PRESUMPTION OF MARRIED WOMAN'S RESIDENCE UNCONSTITUTIONAL. --The joint
operation of former Code 1933, §§ 79-403, 79-407 and 34-632 (see O.C.G.A. §§
19-2-3 and 19-2-6), and former § 21-2-241, respectively, insofar as it
established an irrebuttable presumption that the domicile and residence of a
married woman was that of her husband, and thereby prevents her from
registering to vote in Georgia, violated U.S. Const., amend. 19. Kane v.
Fortson, 369 F. Supp. 1342 (N.D. Ga. 1973) (decided prior to 1982 amendment to
former Code 1933, § 34-632).
HUSBAND AND WIFE
WERE QUALIFIED TO VOTE IN A CITY ELECTION where their testimony showed that (1)
the husband grew up in the city and entered the military, and that all of his
relatives still lived in the city; (2) when he retired from the military in
1993, they had a house in another city, but always considered the city to be
their home, (3) the husband worked for the city, and they would regularly
travel back and forth between the two cities, (4) they attended church in the
city and had a trailer there which they sold two or three years earlier, (5)
after the sale of the trailer, they would stay in the city with the husband's
mother, (6) the husband apparently still owned some real property in the city
and was in the city almost every day, (7) the wife's bank account was in the
city and she had voted in the city for 16 years, and (8) their expressed intent
was to keep their house in the other city temporarily and to return to the city
permanently. Holton v. Hollingsworth, 270 Ga. 591, 514 S.E.2d 6 (1999).
Research References & Practice Aids
CROSS REFERENCES. --
Right of nonresident to vote, § 1-2-9.
LAW REVIEWS. --
For article, "The Chevron Two-Step in Georgia's
Administrative Law," see 46 Ga. L. Rev. 871 (2012).
OPINIONS OF THE ATTORNEY
GENERAL
INDIVIDUAL'S INTENT
AS TO DETERMINATION OF DOMICILE. --A registrar must acquire and examine the
available evidence in order to ascertain the intent of each individual, on a
case by case basis, to determine the domicile of that individual. 1990 Op.
Att'y Gen. No. 90-1 (decided under former Code Section 21-2-241 as it read
prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).
ONE WHO MOVES AWAY
FROM A COUNTY AND MAKES A HOME ELSEWHERE FORFEITS RIGHT TO VOTE IN THAT COUNTY.
1965-66 Op. Att'y Gen. No. 65-56 (decided under former Code 1933, § 34-632 as
it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, §
3).
RESIDENCE OF PERSON
BETWEEN 18 AND 21 YEARS OF AGE. --A citizen over 18 years but under 21 years is
sui juris for voting purposes and the citizen can establish a residence apart
from the residence of parents. However, such citizens must still fulfill the
residence requirements established by law and each application should be
decided by the voter registrars in accordance with established principles of
determining residence. 1971 Op. Att'y Gen. No. 71-151 (decided under former
Code 1933, § 34-632 as it read prior to the 1994 repeal and reenactment by Ga.
L. 1994, p. 1443, § 3).
RESIDENCE OF MEMBER
OF ARMED FORCES. --A person who is a member of the armed forces does not
acquire residence in this state merely because the person is stationed here. A
member of the armed forces stationed in this state, who acquires a domicile
here, without any present intention of removing therefrom, and to which,
whenever the individual is absent, the individual intends to return, would
acquire residence in this state. 1968 Op. Att'y Gen. No. 68-68 (decided under
former Code 1933, § 34-632 as it read prior to the 1994 repeal and reenactment
by Ga. L. 1994, p. 1443, § 3).
UNITED STATES NAVY
PERSONNEL LIVING OFFSHORE IN A SUBMARINE while stationed at an armed forces
base in Georgia may establish residence in a certain county only if they fix
their place of habitation at that location, without any present intention of
removing therefrom, and with intent to return thereto. 1982 Op. Att'y Gen. No.
82-83 (decided under former Code Section 21-2-241 as it read prior to the 1994
repeal and reenactment by Ga. L. 1994, p. 1443, § 3).
REGISTRATION IN
ANOTHER STATE BY A SERVICEMAN stationed in such state for a special election
wherein nonresidents of the category are permitted to register and vote under
the laws of such state would not necessarily void registration in Georgia. 1970
Op. Att'y Gen. No. U70-103 (decided under former Code 1933, § 34-632 as it read
prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).
BUSINESS ADDRESS
INSUFFICIENT FOR RESIDENCY PURPOSES. --A business address, in and of itself,
does not fulfill the residency requirements of the Election Code, and an
otherwise qualified elector may vote in the election district (now precinct)
containing the business address only when such district (now precinct) also
contains the elector's residence as defined by the Election Code. 1968 Op.
Att'y Gen. No. 68-293 (decided under former Code 1933, § 34-632 as it read
prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).
AM. JUR. 2D. --
25 Am. Jur. 2d, Elections, § 159 et seq.
C.J.S. --
29 C.J.S., Elections, § 36 et seq.
ALR. --
Propriety of test or question asked applicant for
registration as voter other than formal questions relating to specific
conditions of his right to registration, 76 A.L.R. 1238.
Voting by persons
in the military service, 155 A.L.R. 1459.
Effect of conviction
under federal law, or law of another state or country, on right to vote or hold
public office, 39 A.L.R.3d 303.
Validity of
residency and precinct-specific requirements of state voter registration
statutes, 57 A.L.R. 6th 419.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-220
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 6. REGISTRATION OF VOTERS
§ 21-2-220. Application for registration; identification
requirement; rejection for failure to provide required information or for
submission of false information; aid to disabled or illiterate
(a) Any
person desiring to register as an elector shall apply to do so by making
application to a registrar or deputy registrar of such person's county of
residence in person, by submission of the federal post card application form as
authorized under Code Section 21-2-219, by making application through the
Department of Driver Services as provided in Code Section 21-2-221, by making
application through the Department of Natural Resources as provided in Code
Section 21-2-221.1, by making application online as provided in Code Section
21-2-221.2, by making application through designated offices as provided in
Code Section 21-2-222, or by making application by mail as provided in Code
Section 21-2-223.
(b) Notwithstanding any other provision
of this title, whenever a person makes application to register in person or
through the means specified in this Code section, the person authorized to
offer registration shall inquire as to whether the individual seeking
registration is a citizen of the United States, and the person offering
registration shall not be required to offer registration to an individual who
answers such inquiry with a negative response.
(c) Except as otherwise provided in this
subsection, electors who register to vote for the first time in this state by
mail must present current and valid identification either when registering to
vote by mail or when voting for the first time after registering to vote by
mail. The current and valid identification shall be one or more of those forms
of identification provided in subsection (c) of Code Section 21-2-417 or a
legible copy thereof. The registrars shall make copies of any original forms of
identification submitted by applicants and return the originals to the
applicants. The requirement to submit identification shall not apply to:
(1) Persons
who submit identifying information with their applications that the registrars
are able to match to information contained on a state data base available to
such registrars containing the same number, name, and date of birth as
contained in the application;
(2) Persons
who are entitled to vote by absentee ballot under the federal Uniformed and
Overseas Citizens Absentee Voting Act, 42 U.S.C. Section 1973ff, et seq.;
or
(3) Persons who are entitled to vote
otherwise than in person under any other federal law.
(d) If an applicant fails to provide all
of the required information on the application for voter registration with the
exception of current and valid identification, the board of registrars shall
notify the registrant in writing of the missing information. The board of
registrars shall not determine the eligibility of the applicant until and
unless all required information is supplied by the applicant. If the initial
application is received prior to the close of voter registration prior to an
election, if the applicant supplies the necessary information on or prior to
the date of the election, and if the applicant is found eligible to vote, the
applicant shall be added to the list of electors and shall be permitted to vote
in the election and any run-off elections resulting therefrom and subsequent
elections; provided, however, that voters who registered to vote for the first
time in this state by mail must supply current and valid identification when
voting for the first time as required in subsection (c) of this Code section.
In the event the elector does not respond to the request for the missing
information within 30 days, the application shall be rejected.
(e) If an applicant submits false
information, the board of registrars shall reject the application and shall
refer the application to the district attorney of the county for criminal
prosecution. If the false information is not discovered until after the applicant's
application has been approved and the applicant's name added to the list of
electors, the giving of such false information shall be cause to challenge the
applicant's right to remain on the list of electors, which, if sustained, shall
result in such applicant's name being removed from the list and the application
being submitted to the district attorney of the county for criminal
prosecution.
(f) A person registering to vote who is
disabled or illiterate may request assistance from any other person in
completing the form for registration, but the person offering assistance shall
sign the voter registration form in the space provided to identify the person
offering assistance.
(g) The registrars shall note on their
records and the electors list any elector who registers by mail for the first
time in this state and does not provide the identification required by
subsection (c) of this Code section.
History
Code
1981, § 21-2-220, enacted by Ga. L. 1994, p. 1443, § 3; Ga. L. 1998, p. 295, §
1; Ga. L. 1998, p. 1231, §§ 5, 29; Ga. L. 2001, p. 240, § 16; Ga. L. 2003, p.
517, § 18; Ga. L. 2004, p. 732, § 1;
Ga. L. 2005, p. 253, § 24/HB 244;
Ga. L. 2005, p. 334, § 10-1/HB 501;
Ga. L. 2006, p. 69, § 1/SB 467;
Ga. L. 2012, p. 995, § 15/SB 92.
Annotations
JUDICIAL DECISIONS
COMPLIANCE WITH
FEDERAL PRIVACY ACT. --Georgia's voter registration forms do not comply with
the notice requirements of § 7(b) of the Privacy Act, 5 U.S.C. § 552a, because
the form requires an applicant to disclose his or her social security number.
Schwier v. Cox, 412 F. Supp. 2d 1266 (N.D. Ga. 2005).
Research References & Practice Aids
CROSS REFERENCES. --
Handicapped persons, T. 30.
OPINIONS OF THE ATTORNEY
GENERAL
DIGITIZED SIGNATURE SYSTEM
NOT AUTHORIZED. --Express statutory authorization must be obtained before a
system allowing for use of an applicant's digitized, rather than original,
signature may be implemented. 1996 Op. Att'y Gen. No. 96-2.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-216
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 6. REGISTRATION OF VOTERS
§ 21-2-216. Qualifications of electors generally;
reregistration of electors purged from list; eligibility of nonresidents who
vote in presidential elections; retention of qualification for standing as
elector; evidence of citizenship; check of convicted felons and deceased
persons databases
(a) No person shall vote in any primary
or election held in this state unless such person shall be:
(1) Registered as an elector in the
manner prescribed by law;
(2) A citizen of this state and of the
United States;
(3) At least 18 years of age on or
before the date of the primary or election in which such person seeks to
vote;
(4) A
resident of this state and of the county or municipality in which he or she
seeks to vote; and
(5) Possessed
of all other qualifications prescribed by law.
(b) In addition to the qualifications in
subsection (a) of this Code section, no person who has been convicted of a
felony involving moral turpitude may register, remain registered, or vote
except upon completion of the sentence and no person who has been judicially
determined to be mentally incompetent may register, remain registered, or vote
unless the disability has been removed.
(c) Any person who possesses the
qualifications of an elector except that concerning age shall be permitted to
register to vote if such person will acquire such qualification within six
months after the day of registration; provided, however, that such person shall
not be permitted to vote in a primary or election unless such person shall be
at least 18 years of age on or before the date of the primary or election in
which such person seeks to vote.
(d) Notwithstanding any other provision
of this article, any person who was qualified and registered to vote on June
24, 1964, shall not be required to reregister under the terms of this article
unless such person shall have become or becomes disqualified to vote by reason
of having been purged from the list of electors or for any other reason
whatsoever, in which event such person shall, in order to become registered to
vote, reregister under the terms of this article.
(e) If any citizen of this state begins
residence in another state after the thirtieth day next preceding any election
for President and Vice President and, for that reason, does not satisfy the
registration requirements of that state, such citizen shall be allowed to vote
for presidential and vice presidential electors, in that election, in person in
this state if such citizen satisfied, as of the date of such citizen's change
of residence, the requirements to vote in this state, or by absentee ballot in
this state if such citizen satisfies, but for such citizen's nonresident status
and the reason for such citizen's absence, the requirements for absentee voting
in this state.
(f) No person shall remain an elector
longer than such person shall retain the qualifications under which such person
registered.
(1) On and after January 1, 2010, an
application for registration under this chapter shall be accompanied by
satisfactory evidence of United States citizenship. Upon the receipt of an
application without satisfactory evidence of citizenship, the board of
registrars shall notify the applicant in writing of the requirement to provide
satisfactory evidence of citizenship. The board of registrars shall not
determine the eligibility of the applicant until and unless satisfactory
evidence of citizenship is supplied by the applicant. If the initial
application is received without satisfactory evidence of citizenship prior to
the close of voter registration preceding an election, but the applicant
supplies satisfactory evidence of citizenship on or prior to the date of such
election and the applicant is found eligible to vote, the applicant shall be
permitted to vote in the election and any run-off elections resulting therefrom
and subsequent elections; provided, however, that those electors who register
to vote for the first time in this state by mail also shall supply current and
valid identification as required in subsection (c) of Code Section 21-2-220. In
the event the applicant does not respond to the request for the missing
information within 30 days following the sending of notification to provide
satisfactory evidence of citizenship, the application shall be rejected.
(2) Satisfactory evidence of citizenship
shall include any of the following:
(A) The number of the applicant's
Georgia driver's license or identification card issued by the Department of
Driver Services if the applicant has provided satisfactory evidence of United
States citizenship to the Department of Driver Services or a legible photocopy
of the applicant's driver's license or identification card issued by an
equivalent government agency of another state if the agency indicates on the
driver's license or identification card that the applicant has provided
satisfactory evidence of United States citizenship to the agency;
(B) A legible photocopy of the
applicant's birth certificate that verifies citizenship to the satisfaction of
the board of registrars;
(C) A legible photocopy of pertinent
pages of the applicant's United States passport identifying the applicant and
the applicant's passport number or presentation to the board of registrars of
the applicant's United States passport;
(D) A presentation to the board of
registrars of a legible copy of the applicant's United States naturalization
documents or the alien registration number from the applicant's naturalization
documents. If only the applicant's alien registration number is provided, the
applicant shall not be found eligible to vote until the applicant's alien
registration number is verified with the United States Citizenship and
Immigration Services by the board of registrars;
(E) Other documents or methods of proof
that are established pursuant to the federal Immigration Reform and Control Act
of 1986 (P. L. 99-603);
(F) The applicant's Bureau of Indian
Affairs card, tribal treaty card, or tribal enrollment card; and
(G) For residents of this state who are
United States citizens but are not in possession of any of the documents or
methods of proof enumerated under subparagraphs (A) through (F) of this
paragraph, other documents or methods of proof for establishing evidence of
United States citizenship which shall be promulgated by rule and regulation of
the State Election Board.
(3) Notwithstanding any provision of
this subsection, any person who is registered in this state on December 31,
2009, shall be deemed to have provided satisfactory evidence of citizenship and
shall not be required to submit evidence of citizenship.
(4) After citizenship has been
demonstrated to a board of registrars, an elector shall not be required to
resubmit satisfactory evidence of citizenship in that or any other county in
this state so long as the person continuously remains an elector of this
state.
(5) For the purposes of this subsection,
proof of voter registration from another state shall not be satisfactory
evidence of citizenship.
(6) After a person has submitted
satisfactory evidence of citizenship, the board of registrars shall indicate
such information on the elector's voter registration record. After two years,
the board of registrars may destroy all documents that were submitted as
evidence of citizenship.
(7) The Secretary of State shall
establish procedures to match an applicant's voter registration information to
the information contained in the data base maintained by the Department of
Driver Services for the verification of the accuracy of the information
provided on the application for voter registration, including whether the
applicant has provided satisfactory evidence of United States citizenship.
(h) Prior to approving the application
of a person to register to vote, the registrars may check the data bases of
persons convicted of felonies and deceased persons maintained by the Secretary
of State.
History
Code
1981, § 21-2-216, enacted by Ga. L. 1994, p. 1443, § 3; Ga. L. 1998, p. 295, §
1; Ga. L. 2009, p. 712, § 1/SB 86; Ga. L. 2011, p. 683, § 6/SB 82; Ga. L. 2017, p. 697, § 7/HB 268; Ga. L. 2019, p. 7, § 5/HB 316.
Annotations
THE 2017 AMENDMENT,
effective July 1, 2017, inserted "a legible copy of" in the first
sentence of subparagraph (g)(2)(D); in subparagraph (g)(2)(F), deleted
"number" following "card" twice, and substituted
"card" for "number" near the end.
THE 2019 AMENDMENT,
effective April 2, 2019, added "on or before the date of the primary or
election in which such person seeks to vote" at the end of paragraph
(a)(3) and substituted "unless such person shall be at least 18 years of
age on or before the date of the primary or election in which such person seeks
to vote" for "until the acquisition of all specified
qualifications" at the end of subsection (c).
EDITOR'S NOTES. --
In light of the similarity of the statutory provisions,
opinions under former Code 1933, §§ 34-103 and 34-609 and former Code Sections
21-2-217 and 21-2-219 are included in the annotations for this Code
section.
JUDICIAL DECISIONS
EDITOR'S NOTES. --In
light of the similarity of the statutory provisions, decisions under former
Code 1895, § 36, former Code 1910, § 36, former Code 1933, § 34-601 et seq.,
and former Code Sections 21-2-217 and 21-2-219 are included in the annotations
for this Code section.
GEORGIA MAY REQUIRE
ITS VOTERS TO BE BONA FIDE RESIDENTS to register to vote, but it may not
require any length of residence as a condition to registering to vote. Abbott
v. Carter, 356 F. Supp. 280 (N.D. Ga. 1972) (decided under former Code 1933, §
34-602 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p.
1443, § 3).
COMPLIANCE WITH
FEDERAL PRIVACY LAW. --State violated the Voting Rights Act, 42 U.S.C. §
1971(a)(2)(B), when it denied voter registration applicants the right to register
to vote because they refused to disclose their social security numbers (SSN);
disclosing one's SSN was not material in determining whether that person was
qualified to vote under state law. Schwier v. Cox, 412 F. Supp. 2d 1266 (N.D.
Ga. 2005).
IN ORDER TO BE
ENTITLED TO REGISTER AS A VOTER, PERSON MUST TAKE PRESCRIBED OATH, by which the
person is required to depose, in effect, that the person possesses, or will by
a designated day in the future possess, all the legal qualifications of a
voter. Cole v. McClendon, 109 Ga. 183, 34 S.E. 384 (1899); Drake v. Drewry, 112
Ga. 308, 37 S.E. 432 (1900) (decided under former Code 1895, § 36).
PERSON NOT QUALIFIED
VOTER IF HAS NOT TAKEN REQUIRED OATH. --Although a person's name may appear on
the registration list, the person is not a qualified voter if the person has
not taken the oath required by former Code 1910, § 36. Chapman v. Sumner
Consol. Sch. Dist., 152 Ga. 450, 109 S.E. 129 (1921); Stephens v. Ball Ground
Sch. Dist., 153 Ga. 690, 113 S.E. 85 (1922) (decided under former Code 1910, §
36).
FACT THAT NAME
SIGNED TO OATH IN VOTERS' BOOK PRIMA FACIE EVIDENCE THAT OATH ADMINISTERED.
--The fact that one's name was signed to the oath in the voters' book will be
prima facie evidence that the oath was administered as required by former Code
1910, § 36, and a substantial compliance therewith was sufficient. Chapman v.
Sumner Consol. Sch. Dist., 152 Ga. 450, 109 S.E. 129 (1921) (decided under
former Code 1910, § 36).
COMPLIANCE WHERE
ATTENTION CALLED TO OATH'S CONTENT AND NAME SUBSCRIBED. --Where the attention
of the voters was called to the contents of the registration oath and the
voters subscribed their names thereto, this was a substantial compliance with
the requirement as to administering such an oath. Brown v. City of Atlanta, 152
Ga. 283, 109 S.E. 666 (1921) (decided under former Code 1910, § 36).
REQUIREMENT THAT
REGISTRATION CARDS BE SIGNED. --By failing to sign their registration cards,
individuals never took the oath required to qualify them as voters in this
state and, therefore, they never became lawfully registered voters who were
authorized to cast ballots. Johnson v. Byrd, 263 Ga. 173, 429 S.E.2d 923 (1993)
(decided under former Code Section 21-2-217 as it read prior to the 1994 repeal
and reenactment by Ga. L. 1994, p. 1443, § 3).
RESIDENCE IN
POLITICAL SUBDIVISION MAY BE REQUIRED. --County registrars and the State of
Georgia have the power to require that voters be bona fide residents of the
relevant political subdivision. McCoy v. McLeroy, 348 F. Supp. 1034 (M.D. Ga.
1972) (decided under former Code 1933, § 34-601 et seq. as it read prior to the
1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).
COUNTY REGISTRARS
MAY DETERMINE WHETHER RESIDENCE REQUIREMENTS ARE MET. --County registrars are
free to take reasonable and adequate steps to see that all applicants for the
right to register to vote actually fulfill the requirements of bona fide
residence. McCoy v. McLeroy, 348 F. Supp. 1034 (M.D. Ga. 1972) (decided under
former Code 1933, § 34-601 et seq. as it read prior to the 1994 repeal and
reenactment by Ga. L. 1994, p. 1443, § 3).
INDICIA OF
RESIDENCE. --Since residents of Georgia are prohibited from operating
out-of-state licensed motor vehicles in Georgia, a person who regularly drives
an out-of-state licensed motor vehicle in Georgia has already determined and is
evidencing that person determination that one is not a resident of Georgia for
purposes of the former provisions. McCoy v. McLeroy, 348 F. Supp. 1034 (M.D.
Ga. 1972) (decided under former Code 1933, § 34-601 et seq. as it read prior to
the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).
VOTING BY FELONS.
--Even though felons may have remained registered voters, they still could not
have legally voted and their votes could still have been challenged even after
they had been cast. Johnson v. Byrd, 263 Ga. 173, 429 S.E.2d 923 (1993) (decided
under former Code Section 21-2-219 as it read prior to the 1994 repeal and
reenactment by Ga. L. 1994, p. 1443, § 3).
CITED in Moore v.
Nelson, 394 F. Supp. 2d 1365 (M.D. Ga. 2005).
Research References & Practice Aids
CROSS REFERENCES. --
Prohibition against denial of right to vote for failure to
pay poll tax or other tax, U.S. Const., amend. 24. Right to register and vote,
Ga. Const. 1983, Art. II, Sec. I, Para. II. Disqualification from registering
or voting, Ga. Const. 1983, Art. II, Sec. I, Para. III. Informing students 18
years and over regarding right to register and vote, § 20-2-310. Penalty for
voting by unqualified elector, § 21-2-571. Penalty for poll officer who allows
unqualified person to vote, § 21-2-590.
ADMINISTRATIVE RULES AND
REGULATIONS. --
Verification of United States citizenship of applicants for
voter registration, Official Compilation of the Rules and Regulations of the
State of Georgia, Georgia Election Code, Registration of Electors, §
183-1-6-.06.
OPINIONS OF THE ATTORNEY
GENERAL
COMPLETION OF
SENTENCE FOR CRIME OF MORAL TURPITUDE A PREREQUISITE TO REGISTERING TO VOTE.
--If a fine is imposed where authorized by statute in addition to and
independent of any sentence of probation, a person may not register and vote
until the sentence is complete in all aspects including the completion of the
payment of the fine imposed. If the fine is not paid at the end of probation,
then the sentence is not completed. 1984 Op. Att'y Gen. 84-33 (decided under
former Code Section 21-2-217 as it read prior to the 1994 repeal and
reenactment by Ga. L. 1994, p. 1443, § 3).
APPLICATION
INQUIRING AS TO RACE. --Registration to vote may not be conditioned upon an
applicant supplying race on a registration application, though race may be
requested as an optional part of the registration process. 1995 Op. Att'y Gen.
No. 95-35.
JUDICIAL
DETERMINATION OF MENTAL INCOMPETENCE. --A separate, judicial determination must
be made that a person is "mentally incompetent" prior to the removal of
a person's right to vote. 1995 Op. Att'y Gen. No. 95-27.
DISCLOSURE OF SOCIAL
SECURITY NUMBERS. --Social security number disclosure required by former Code
1933, §§ 34-103 and 34-609 is exempted by § 7(a) (5 U.S.C. § 552a note) of the
Privacy Act of 1974 from the prohibition which prohibits state and local
governments, as well as federal agencies, from denying to any individual any
right, benefit, or privilege afforded by law for the individual's refusal to
disclose social security number. 1976 Op. Att'y Gen. No. 76-6 (decided under
former Code 1933, §§ 34-103 and 34-609 as it read prior to the 1994 repeal and
reenactment by Ga. L. 1994, p. 1443, § 3).
LACK OF INFORMATION
ON REGISTRATION CARD AND ABSENTEE BALLOT APPLICATION. --Where there is an absence
of information on a registration card, and a consequent lack of correspondence
between that source of information and the information provided on the
completed absentee ballot application, the registrar may properly request the
absentee ballot applicants to furnish all the information which is sought by
former Code 1933, §§ 34-103 and 34-609. In the event the applicant does not
furnish the requested information, the application may be rejected. 1976 Op.
Att'y Gen. No. 76-2 (decided under former Code 1933, §§ 34-103 and 34-609 as it
read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, §
3).
Where the
registration card corresponding to an otherwise proper application for absentee
ballot is signed but is otherwise incomplete in some respect, until the
completion of proceedings in accordance with O.C.G.A. §§ 21-2-236 or former
21-3-137, as the case may be, the registrar may not refuse to deliver the
absentee ballot unless the absence of information sought by the registration card
on file gives rise to a question as to the applicant's identity. In the latter
event, the registrar may request additional information, including that sought
by the former provisions, and may, if the applicant refuses to furnish the
information requested, reject the absentee ballot application. 1976 Op. Att'y
Gen. No. 76-2 (decided under former Code 1933, §§ 34-103 and 34-609 as it read
prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).
TELEPHONE NUMBERS.
--Voter registrars have no authority to request the inclusion of a telephone
number on a voter registration card, and in the absence of statutory authority
either to require or to request that an elector provide a telephone number,
whether listed or unlisted, for a voter registration card, the disclosure of an
unlisted number pursuant to an Open Records Act, O.C.G.A. § 50-18-70 et seq.,
request may constitute an unwarranted invasion of privacy. Hence, a voter's
unlisted telephone number should not be disclosed by voter registrars under an
Open Records Act request. 1990 Op. Att'y Gen. No. 90-5 (decided under former
Code Section 21-2-217 as it read prior to the 1994 repeal and reenactment by
Ga. L. 1994, p. 1443, § 3).
COUNTY RESIDENCY
REQUIREMENT. --Registrar may only conduct registration of electors within
county for residents of that county. 1980 Op. Att'y Gen. No. 80-63 (decided
under former Code 1933, §§ 34-103 and 34-609 as it read prior to the 1994
repeal and reenactment by Ga. L. 1994, p. 1443, § 3).
VOTING IN ELECTIONS
HELD PURSUANT TO § 3-4-41. --Registered and qualified voters in municipal
elections may sign petitions and vote in both municipal and county elections
held pursuant to O.C.G.A. § 3-4-41, but a county referendum is only binding on
the unincorporated areas of the county. 1985 Op. Att'y Gen. No. U85-48 (decided
under former Code Section 21-2-219 as it read prior to the 1994 repeal and
reenactment by Ga. L. 1994, p. 1443, § 3).
REGISTRATION IS
DEPENDENT UPON MAKING PROPER APPLICATION by furnishing under oath, and over the
signature of the applicant, the information required by the statutorily
prescribed registration forms. 1976 Op. Att'y Gen. No. 76-2 (decided under
former Code 1933, §§ 34-103 and 34-609 as it read prior to the 1994 repeal and
reenactment by Ga. L. 1994, p. 1443, § 3).
REGISTRATION TO VOTE
FOR PRESIDENT AFTER MOVING TO ANOTHER STATE. --A citizen of Georgia who moves
to another state, beginning residence therein after the thirtieth day next
preceding the election for President and Vice-President, should be permitted to
register to vote for such officers up to 14 days prior to the election, and to
vote, either in person or by absentee ballot. 1972 Op. Att'y Gen. No. U72-51
(decided under former Code 1933, §§ 34-103 and 34-609 as it read prior to the
1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).
SCHOOL BOND
ELECTIONS. --A person otherwise eligible to vote may vote in school bond
elections in this state. 1969 Op. Att'y Gen. No. 69-300 (decided under former
Code 1933, §§ 34-103 and 34-609 as it read prior to the 1994 repeal and
reenactment by Ga. L. 1994, p. 1443, § 3).
OUT-OF-STATE WOMAN
MARRIED TO GEORGIA RESIDENT MAY VOTE. --A married woman whose husband has his
legal residence in Georgia may register to vote in this state even though she
is not physically domiciled within the state. 1975 Op. Att'y Gen. No. 75-77
(decided under former Code 1933, §§ 34-103 and 34-609 as it read prior to the
1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).
AM. JUR. 2D. --
25 Am. Jur. 2d, Elections, §§ 97 et seq., 180 et seq.
C.J.S. --
29 C.J.S., Elections, § 32 et seq.
ALR. --
Constitutionality of voter participation provisions for
primary elections, 120 A.L.R.5th 125.
Validity,
construction, and application of state criminal disenfranchisement provisions,
10 A.L.R.6th 31.
Validity of
statute requiring proof and disclosure of information as condition of
registration to vote, 48 A.L.R.6th 181.
Validity of
statute providing for purging voter registration lists of inactive voters, 51
A.L.R.6th 287.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-218
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 6. REGISTRATION OF VOTERS
§ 21-2-218. Cancellation of registration in former state or
county; address changes and corrections
(a) Any person, who is registered to
vote in another state and who moves such person's residence from that state to
this state, shall, at the time of making application to register to vote in
this state, provide such information as specified by the Secretary of State in
order to notify such person's former voting jurisdiction of the person's
application to register to vote in this state and to cancel such person's
registration in the former place of residence.
(b) Any person, who is registered to
vote in another county or municipality in this state and who moves such
person's residence from that county or municipality to another county or
municipality in this state, shall, at the time of making application to
register to vote in that county or municipality, provide such information as
specified by the Secretary of State in order to notify such person's former
voting jurisdiction of the person's application to register to vote in the new
place of residence and to cancel such person's registration in the former place
of residence.
(c) In the event that an elector moves
to a residence within the county or municipality and has a different address
from the address contained on the person's registration card, it shall be the
duty of such elector to notify the board of registrars of such fact by the
fifth Monday prior to the primary or election in which such elector wishes to
vote by submitting the change of address in writing. The board of registrars
shall then correct the elector's record to reflect the change of address and
place the elector in the proper precinct and voting districts. The board of
registrars may accept a properly submitted application for an absentee ballot
for this purpose for electors who move to an address within the county or
municipality which is different from the address contained on the person's
registration card. The board of registrars may also accept a properly submitted
application for an absentee ballot to correct an elector's name on the voter
registration list if all necessary information to complete such a change is
included with the application.
(d) In the event that an elector moves
to a residence within the county or municipality but into a different precinct
or who moves to a residence in the same precinct but at a different address and
fails to notify the board of registrars of such fact by the fifth Monday prior
to an election or primary such elector shall vote in the precinct of such
elector's former residence for such election or primary and for any runoffs
resulting therefrom. The superintendent of an election shall make available at
each polling place forms furnished by the Secretary of State which shall be
completed by each such elector to reflect such elector's present legal
residence. Such forms may also be used to notify the board of registrars of a
change in an elector's name. The board of registrars shall thereafter place the
elector in the proper precinct and voting districts and correct the list of
electors accordingly. If the elector is placed in a precinct other than the one
in which such elector has previously been voting, such elector shall be
notified of the new polling place by first-class mail.
(e) Any provision of this chapter to the
contrary notwithstanding, an elector who moves from one county or municipality
to another after the fifth Monday prior to a primary or election may vote in
the county or municipality or precinct in which such elector is registered to
vote.
(f) No person shall vote in any county
or municipality other than the county or municipality of such person's
residence except as provided in subsection (e) of this Code section.
(g) In the event that the registration
records incorrectly indicate that an elector has moved from an address within a
precinct, the elector may vote in the precinct upon affirming in writing on a
form prescribed by the Secretary of State that the elector still resides in the
precinct at the address previously provided to the board of registrars. The
registrars shall correct the elector's registration record to reflect the
correct address.
(h) If a voter registration application
is completed at a polling place for the purpose of recording a change of
address and the new address is outside the county, then the registrar shall
forward the application to the registrar in the new county of residence.
History
Code
1981, § 21-2-218, enacted by Ga. L. 1994, p. 1443, § 3; Ga. L. 1998, p. 295, §
1; Ga. L. 2001, p. 230, § 7; Ga. L.
2012, p. 995, § 13/SB 92.
Annotations
EDITOR'S NOTES. --
In light of the similarity of the statutory provisions,
opinions under former Code 1933, §§ 34-631 and 34-804 are included in the
annotations for this Code section.
JUDICIAL DECISIONS
EDITOR'S NOTES. --In
light of the similarity of the statutory provisions, decisions under former
Code 1910, § 71, former Code 1933, §§ 34-602 and 34-631 are included in the
annotations for this Code section.
LENGTH OF RESIDENCE
NOT CONDITION FOR REGISTRATION. --Georgia may require its voters to be bona
fide residents, but it may not require any length of residence as a condition
to registering to vote. Abbott v. Carter, 356 F. Supp. 280 (N.D. Ga. 1972)
(decided under former Code 1933, § 34-602 as it read prior to the 1994 repeal
and reenactment by Ga. L. 1994, p. 1443, § 3).
PROOF OF RESIDENCE
OUTSIDE PRECINCT DOES NOT ESTABLISH INELIGIBILITY. --Since it is possible for
an elector to be eligible to vote in an election district (now precinct) even
though no longer residing there, a showing that the absentee ballot oath bears
a residence address outside the election district (now precinct) does not
establish that the elector was ineligible to vote in the election district (now
precinct). Walls v. Garrett, 247 Ga. 640, 277 S.E.2d 903 (1981) (decided under
former Code 1933, § 34-631 as it read prior to the 1994 repeal and reenactment
by Ga. L. 1994, p. 1443, § 3).
FAILURE TO APPLY TO
REGISTRARS UPON MOVING TO NEW COUNTY. --One who had moved from another county
to that wherein an election was held, and, by application to the tax-collector
of the latter county, had one's name transferred and entered upon the voters'
book of that county, but at no time made any application to the registrars
thereof for such transfer, and had offered no proof before them as to
qualifications to vote, was not qualified to vote in a bond election. Turk v.
Royal, 34 Ga. App. 717, 131 S.E. 119 (1925) (decided under former Code 1910, §
71).
CHANGE OF RESIDENCE
MORE THAN 30 DAYS PRIOR TO ELECTION. --An elector may not vote in a legislative
district (now precinct) when the elector has changed residence from that
district (now precinct) more than 30 days prior to the primary or election.
Taggart v. Phillips, 242 Ga. 484, 249 S.E.2d 268 (1978) (decided under former
Code 1933, § 34-631 as it read prior to the 1994 repeal and reenactment by Ga.
L. 1994, p. 1443, § 3).
STANDING TO BRING
ACTION UNDER THE NATIONAL VOTER REGISTRATION ACT. --Voter who had recently
moved suffered a concrete and actual injury by the refusal by the Georgia
Secretary of State to accept the voter's voter registration containing the
voter's new address, thereby preventing the voter from voting in the voter's
new precinct. Charles H. Wesley Educ. Found., Inc. v. Cox, 324 F. Supp. 2d 1358
(N.D. Ga. 2004).
CITED in Haynes v.
Wells, 273 Ga. 106, 538 S.E.2d 430 (2000).
Research References & Practice Aids
ADMINISTRATIVE RULES AND
REGULATIONS. --
Rules and regulations for voter registration by registrars
and deputy registrars, Official Compilation of the Rules and Regulations of the
State of Georgia, Georgia Election Code, Registration of Electors, §
183-1-6-.03.
Ballot secrecy,
Official Compilation of the Rules and Regulations of the State of Georgia,
Georgia Election Code, Ballots, § 183-1-11-.01.
Use of absentee
ballots when voting machines are inaccessible, Official Compilation of the
Rules and Regulations of the State of Georgia, Georgia Election Code, Voting
Machines -- Vote Recorders, § 183-1-12-.10.
LAW REVIEWS. --
For article, "Local Government Law," see 53 Mercer
L. Rev. 389 (2001).
For note on the
2001 amendment to this Code section, see 18 Ga. St. U. L. Rev. 114 (2001).
OPINIONS OF THE ATTORNEY
GENERAL
ONE WHO MOVES AWAY
FROM A COUNTY AND MAKES A HOME ELSEWHERE FORFEITS ONE'S RIGHT TO VOTE IN THAT
COUNTY. 1965-66 Op. Att'y Gen. No. 65-56 (decided under former Code 1933, §§
34-631 and 34-804 as it read prior to the 1994 repeal and reenactment by Ga. L.
1994, p. 1443, § 3).
DUTY TO MAKE CHANGES
IN RECORDS. --The board of registrars has the right and duty to make changes in
its records if it learns from voters' certificates of changes of names or
addresses of voters. 1970 Op. Att'y Gen. No. U70-12 (decided under former Code
1933, §§ 34-631 and 34-804 as it read prior to the 1994 repeal and reenactment
by Ga. L. 1994, p. 1443, § 3).
AM. JUR. 2D. --
25 Am. Jur. 2d, Elections, §§ 159 et seq., 179 et seq.
C.J.S. --
29 C.J.S., Elections, §§ 36, 38, 39, 40, 41, 66 et seq., 75
et seq.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-220.1
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 6. REGISTRATION OF VOTERS
§ 21-2-220.1. Required documentation for voter registration
(a) Any person applying to register to
vote shall provide his or her Georgia driver's license number or identification
card number for an identification card issued pursuant to Article 5 of Chapter
5 of Title 40 on the voter registration application. If a person does not have
a Georgia driver's license or identification card issued pursuant to Article 5
of Chapter 5 of Title 40, such person shall provide the last four digits of his
or her social security number on the voter registration application. If a person
does not have a Georgia driver's license, a Georgia identification card issued
pursuant to Article 5 of Chapter 5 of Title 40, or a social security number,
the person shall affirm this fact in the manner prescribed in the voter
registration application upon penalty of law and such application shall be
processed without regard to the procedures outlined in subsections (b), (c),
and (d) of this Code section.
(b) In the event that the name, driver's
license number, social security number, or date of birth provided by the person
registering to vote on the voter registration form does not match information
about the applicant on file at the Department of Driver Services or the federal
Social Security Administration, the applicant shall nevertheless be registered
to vote but shall be required to produce proof of his or her identity to a
county registrar, a deputy county registrar, a poll manager, or a poll worker
at or before the time that such applicant requests a ballot for the first time
in any federal, state, or local election.
(c) Proof of the applicant's identity as
set forth in subsection (b) of this Code section shall be the forms of
identification listed in subsection (c) of Code Section 21-2-417.
History
Code
1981, § 21-2-220.1, enacted by Ga. L.
2017, p. 697, § 8/HB 268; Ga. L. 2019,
p. 7, § 6/HB 316.
Annotations
EFFECTIVE DATE. --
This Code section became effective July 1, 2017.
THE 2019 AMENDMENT,
effective April 2, 2019, substituted the present provisions of subsection (b)
for the former provisions, which read: "For those voter registration
applicants who have a Georgia driver's license number or identification card
number for an identification card issued pursuant to Article 5 of Chapter 5 of
Title 40, or the last four digits of a social security number, a voter
registration application may be accepted as valid only after the board of
registrars has verified the authenticity of the Georgia driver's license
number, the identification card number of an identification card issued
pursuant to Article 5 of Chapter 5 of Title 40, or the last four digits of the
social security number provided by the applicant."; rewrote subsection
(c); and deleted subsection (d), which read: "(1) If a completed voter
registration application has been received by the registration deadline set by
Code Section 21-2-224 but the Georgia driver's license number, the
identification card number of an identification card issued pursuant to Article
5 of Chapter 5 of Title 40, or the last four digits of the social security
number provided by the applicant cannot be verified, the applicant shall be
notified that the number cannot be verified and that the applicant must provide
sufficient evidence to the board of registrars to verify the applicant's
identity in order to have his or her application processed by the board of
registrars.
"(2)
If the applicant provides such sufficient evidence on or before the date of a
primary or election, and if the applicant is found eligible to vote, the
applicant shall be added to the list of electors and shall be permitted to vote
in the primary or election and any runoff resulting therefrom and subsequent
primaries and elections.
"(3)
If the applicant has not provided such sufficient evidence or such number has not
otherwise been verified on or before the date of a primary or election, the
applicant presenting himself or herself to vote shall be provided a provisional
ballot. The provisional ballot shall be counted only if such number is verified
by the end of the time period set forth in subsection (c) of Code Section
21-2-419 or if the applicant presents sufficient evidence to the board of
registrars to verify the applicant's identity, by the end of the time period
set forth in subsection (c) of Code Section 21-2-419.
"(4)
The voter application shall be rejected if the Georgia driver's license number,
identification card number of an identification card issued pursuant to Article
5 of Chapter 5 of Title 40, or last four digits of the social security number
provided by the applicant is not verified and the applicant fails to present
sufficient evidence to the board of registrars to verify the applicant's
identity within 26 months following the date of the application.
"(5)
This subsection shall not apply to an electronic voter registration application
submitted pursuant to Code Section 21-2-221.2."
Research References & Practice Aids
LAW REVIEWS. --
For article on the 2019 amendment of this Code section, see
36 Ga. St. U.L. Rev. 81 (2019).
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-221.2
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 6. REGISTRATION OF VOTERS
§ 21-2-221.2. Voter registration application for electronic
voter registration
(a) A person who is qualified to
register to vote in this state and who has a valid Georgia driver's license or
identification card may submit a voter registration application on the Internet
website of the Secretary of State. The Secretary of State shall, in conjunction
with the Department of Driver Services, design and implement a system to allow
for such electronic voter registration.
(b) An application submitted pursuant to
this Code section shall contain:
(1) The applicant's name and residence
address;
(2) The applicant's driver's license or
identification card number;
(3) The applicant's date of birth;
(4) An affirmation by the applicant that
the applicant is a citizen of the State of Georgia and of the United
States;
(5) An affirmation by the applicant that
the information provided is truthful and that the applicant is eligible to vote
in the State of Georgia;
(6) An assent by the applicant to the
use of his or her signature from his or her driver's license or identification
card; and
(7) Such other information the Secretary
of State deems necessary to establish the identity of the applicant.
(c) Upon the submission of an
application through the website pursuant to this Code section, the software
used by the Secretary of State for processing applications through the website
shall provide for immediate verification of all of the following:
(1) That the applicant has a valid
Georgia driver's license or identification card and that the number for that
driver's license or identification card provided by the applicant matches the
number for the applicant's driver's license or identification card that is on
file with the Department of Driver Services;
(2) That the date of birth provided by
the applicant matches the date of birth that is on file with the Department of
Driver Services; and
(3) That the applicant is a citizen of
the State of Georgia and of the United States and that the information provided
by the applicant matches the information on file with the Department of Driver
Services.
If any of these items do not match or if the
application is incomplete, the application shall be void and shall be rejected
and the applicant shall be notified of such rejection either electronically or
by mail within five days after such application is rejected.
(d) If all of the items enumerated in
subsection (c) of this Code section are verified, the Secretary of State shall
obtain an electronic copy of the applicant's signature from the applicant's
driver's license or identification card on file with the Department of Driver
Services. The application shall then be processed in the same manner as applications
under Code Section 21-2-221. Except as otherwise provided by this Code section,
the application shall be deemed to have been made as of the date that the
information was provided by the applicant through the Internet website.
(e) The matching of information pursuant
to subsection (c) of this Code section shall satisfy the requirements of
subsection (g) of Code Section 21-2-216.
(f) The Secretary of State shall employ
security measures to ensure the accuracy and integrity of voter registration
applications submitted electronically pursuant to this Code section.
Code
1981, § 21-2-221.2, enacted by Ga. L.
2012, p. 995, § 16/SB 92.
Annotations
CODE COMMISSION NOTES. --
Pursuant to Code Section 28-9-5, in 2012, "do" was
substituted for "does" in the ending undesignated paragraph of
subsection (c).
Research References & Practice Aids
ALR. --
Voter identification requirements as denying or abridging
right to vote on account of race or color under § 2 of Voting Rights Act, 52
U.S.C.A. § 10301, 12 A.L.R. Fed. 3d 4.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-221.1
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 6. REGISTRATION OF VOTERS
§ 21-2-221.1. Voter registration incorporated into resident
hunting, fishing, or trapping license; design of forms; record keeping; opting
out by businesses selling alcohol for on-premises consumption
(a) Each application to obtain a
resident hunting, fishing, or trapping license issued by the Department of
Natural Resources pursuant to Chapter 2 of Title 27 and made by an applicant
who is within six months of such applicant's eighteenth birthday or older shall
also serve as an application for voter registration unless the applicant
declines to register to vote through specific declination or by failing to sign
the voter registration application.
(b) The Board of Natural Resources and
the Secretary of State shall agree upon and design such procedures and forms as
will be necessary to comply with this Code section, including without
limitation procedures applicable to processing of applications received by
persons approved as license agents for the Department of Natural Resources
pursuant to Code Section 27-2-2.
(c) The forms designed by the Board of
Natural Resources and the Secretary of State:
(1) Shall not require the applicant to
duplicate any information required in the resident hunting, fishing, or
trapping license portion of the application with the exception of a second
signature;
(2) Shall include such information as
required on other voter registration cards issued by the Secretary of
State;
(3) Shall contain a statement that
states each eligibility requirement contained in Code Section 21-2-216, that
contains an attestation that the applicant meets each such requirement, and
that requires the signature of the applicant under penalty of false swearing;
and
(4) Shall include, in print that is
identical to that used in the attestation, the penalties provided by law for
submission of a false voter registration application; and a statement that, if
an applicant declines to register to vote, the fact that the applicant has
declined to register will remain confidential and will be used only for voter
registration purposes.
(d) Any person when acting as a license
agent for the Department of Natural Resources shall not:
(1) Seek to influence an applicant's
political preference;
(2) Display on his or her person any
such political preference or political party or body allegiance;
(3) Make any statement to an applicant
or take any action the purpose or effect of which is to discourage the
applicant from applying to register to vote; or
(4) Make any statement to an applicant
or take any action the purpose or effect of which is to lead the applicant to
believe that a decision to apply to register or not to apply to register to
vote has any bearing on the availability of services or benefits.
(e) License agents for the Department of
Natural Resources acting under this Code section shall not be considered to be
deputy registrars under this chapter or any rules and regulations promulgated
thereunder.
(f) The Department of Natural Resources
shall transmit the completed applications for voter registration to the
Secretary of State at the conclusion of each business day. The Secretary of
State shall forward the applications to the appropriate county board of
registrars to determine the eligibility of the applicant and, if found
eligible, to add the applicant's name to the list of electors and to place the
applicant in the correct precinct and voting districts.
(g) The Department of Natural Resources
shall maintain such statistical records on the number of registrations and
declinations as requested by the Secretary of State.
(h) Information relating to the failure
of an applicant for a resident hunting, fishing, or trapping license issued by
the Department of Natural Resources to sign a voter registration application
shall not be used for any purpose other than voter registration and shall not
be subject to public inspection.
(i) The Secretary of State and the Board
of Natural Resources shall have the authority to promulgate rules and
regulations to provide for the transmission of voter registration applications
and signatures electronically. Such electronically transmitted signatures shall
be valid as signatures on the voter registration application and shall be treated
in all respects as a manually written original signature and shall be
recognized as such in any matter concerning the voter registration
application.
(j) The forms and procedures to
implement and administer this Code section shall be designed in a manner such
that license agents for the Department of Natural Resources shall not incur any
expenses nor be required to make any reports in implementing and administering
this Code section in addition to those presently required of such license
agents in issuing fishing, hunting, and trapping licenses, other than providing
information to the Department of Natural Resources at the time the license
application is processed necessary to comply with state and federal voter laws
on voter registration.
(k) License agents for the Department of Natural Resources
acting under this Code section whose businesses are authorized to sell
alcoholic beverages for on-premises consumption may notify the Department of
Natural Resources of their desire to opt out of the requirements of this Code
section and shall thereafter not be required to comply with this Code section.
Code
1981, § 21-2-221.1, enacted by Ga. L. 2004, p. 732, § 2.
Annotations
Research References & Practice Aids
AM. JUR. 2D. --
25 Am. Jur. 2d., Elections, § 173 et seq.
C.J.S. --
29 C.J.S., Elections, § 55 et seq.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-222
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 6. REGISTRATION OF VOTERS
§ 21-2-222. Designated voter registration agencies and
offices; definitions; duties of agencies and offices
(a) As used in this Code section, the
term:
(1) "Persons with
disabilities" means persons who have physical disabilities, including, but
not limited to, any physical or neurological impairment which severely
restricts a person's mobility or manual dexterity; substantial loss of speech,
sight, or hearing; or loss of one or more limbs or use thereof; but such term
shall not include nonphysical disabilities, mental or emotional disabilities,
or disabilities based upon substance abuse.
(2) "Public assistance" means
the food stamp program; the Medicaid program; the Women, Infants, and Children
program; and the Temporary Assistance for Needy Families program.
(3) "Recruitment office of the
armed forces of the United States" includes both regular and reserve
forces recruitment offices and national guard recruitment offices.
(b) Each office in this state:
(1) Which provides public
assistance;
(2) Which provides state funded programs
primarily engaged in providing services to persons with disabilities; and
(3) Which is a recruitment office of the
armed forces of the United States located within this state
shall be designated voter registration agencies.
(c) In addition to the offices listed in
subsection (b) of this Code section, the Secretary of State shall designate
other offices within the state as designated voter registration offices. Such
offices may include, but not be limited to:
(1) State or local governmental offices
such as public libraries, public schools, offices of county and municipal
clerks, and government revenue offices; and
(2) Federal and nongovernmental offices,
with the agreement of such offices.
(d) At each designated voter
registration agency, the following services shall be made available:
(1) Distribution of the mail voter
registration application provided for in Code Section 21-2-223 in accordance
with subsection (f) of this Code section;
(2) Assistance to applicants in
completing voter registration application forms, unless the applicant refuses
such assistance; and
(3) Acceptance of completed voter
registration application forms for submission to the Secretary of State.
(e) If a designated voter registration
agency under paragraph (2) of subsection (b) of this Code section provides
services to a person with a disability at the person's home, the agency shall
provide the services described in subsection (d) of this Code section at such
person's home.
(f) A designated voter registration
agency that provides service or assistance in addition to conducting voter
registration shall:
(1) Distribute with each application for
such service or assistance and with each recertification, renewal, or change of
address form relating to such service or assistance, when such application,
recertification, renewal, or change of address is made in person, the mail
voter registration application form provided for in Code Section 21-2-223
unless the applicant declines in writing to register to vote;
(2) Distribute a form provided by the
Secretary of State to accompany the voter registration application form which
includes:
(A) The question "If you are not
registered to vote where you live now, would you like to apply to register to
vote here today?";
(B) If the agency provides public
assistance, the statement "Applying to register or declining to register
to vote will not affect the amount of assistance that you will be provided by
this agency.";
(C) Boxes for the applicant to check to
indicate whether the applicant is presently registered, would like to register,
or declines to register to vote with the statement "IF YOU DO NOT CHECK
ANY BOX, YOU WILL BE CONSIDERED TO HAVE DECIDED NOT TO REGISTER TO VOTE AT THIS
TIME." in close proximity to the boxes and in prominent type;
(D) The statements "If you would
like help in filling out the voter registration application form, we will help
you. The decision whether to seek or accept help is yours. You may fill out the
application in private."; and
(E) The statement "If you believe that
someone has interfered with your right to register or to decline to register to
vote or your right to privacy in deciding whether to register or in applying to
register to vote, you may file a complaint with the Secretary of State at
(insert address and telephone number)."; and
(3) Provide to each applicant who does
not decline to apply to register to vote the same degree of assistance with
regard to the completion of the voter registration application form as is
provided by the office with regard to the completion of its own forms, unless
the applicant refuses such assistance.
(g) If an applicant fails to check any
box on the form required by subparagraph (f)(2)(C) of this Code section, the
applicant shall be deemed to have declined to apply to register to vote.
(h) No information relating to a
declination to apply to register to vote in connection with an application made
at an office described in subsection (f) of this Code section may be used for
any purpose other than voter registration and shall not be subject to public
inspection.
(i) Each office shall transmit the
completed voter registration application forms to the Secretary of State at
least once per week, except that, during the 15 days leading up to a
registration deadline for a primary or election, such applications shall be
transmitted to the Secretary of State at the conclusion of each business day.
The Secretary of State shall forward the applications to the appropriate county
board of registrars to determine the eligibility of the applicant and, if found
eligible, to add the applicant's name to the list of electors and to place the
applicant in the correct precinct and voting districts.
(j) Each office shall maintain such
statistical records on the number of registrations and declinations as
requested by the Secretary of State.
(k) Persons providing the services
described in subsection (d) of this Code section shall not:
(1) Seek to influence an applicant's
political preference;
(2) Display any such political
preference or political party or body allegiance;
(3) Make any statement to an applicant
or take any action the purpose or effect of which is to discourage the
applicant from applying to register to vote; or
(4) Make any statement to an applicant
or take any action the purpose or effect of which is to lead the applicant to
believe that a decision to apply to register or not to apply to register to
vote has any bearing on the availability of services or benefits.
(l) The Secretary of State shall have the authority to
promulgate rules and regulations to provide for the transmission of voter
registration applications and signatures electronically from public assistance
offices, offices which provide state funded programs primarily engaged in
providing services to persons with disabilities, and recruitment offices of the
armed forces of the United States located within this state. Such
electronically transmitted signatures shall be valid as signatures on the voter
registration application and shall be treated in all respects as a manually
written original signature and shall be recognized as such in any matter
concerning the voter registration application.
Code
1981, § 21-2-222, enacted by Ga. L. 1994, p. 1443, § 3; Ga. L. 1995, p. 8, § 1;
Ga. L. 1997, p. 1021, § 7; Ga. L. 1998, p. 295, § 1; Ga. L. 2001, p. 240, § 17;
Ga. L. 2003, p. 517, § 19.
Annotations
JUDICIAL DECISIONS
EDITOR'S NOTES. --In
light of the similarity of the statutory provisions, decisions under former
Code 1933, § 34-615 are included in the annotations for this Code section.
RELATIONSHIP WITH
THE NATIONAL VOTER REGISTRATION ACT OF 1993. --There was no clear textual basis
in the operative language of 42 U.S.C. § 1973gg-5(a)(6) for the proviso found
in O.C.G.A. § 21-2-222(f), the Georgia statute implementing the National Voter
Registration Act of 1993, which limited the application of the mandatory distribution
of forms to only those instances when such application, recertification,
renewal, or change of address was made in person. Ga. State Conf. of the NAACP
v. Kemp, No. 1:11-CV-1849-CAP, 2012 U.S. Dist. LEXIS 14326 (N.D. Ga. Jan. 30,
2012).
DECISION TO DENY THE
RIGHT OF REGISTRATION, though initially made by a registrar or deputy
registrar, is to be finally made by the three registrars, and from their
decision an appeal lies to the superior court. McCoy v. McLeroy, 348 F. Supp.
1034 (M.D. Ga. 1972) (decided under former Code 1933, § 34-615 as it read prior
to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).
Research References & Practice Aids
ADMINISTRATIVE RULES AND
REGULATIONS. --
Rules and regulations for voter registration by registrars
and deputy registrars, Official Compilation of the Rules and Regulations of the
State of Georgia, Georgia Election Code, Registration of Electors, §
183-1-6-.03.
Registration of
persons by college presidents or their designees, Official Compilation of the
Rules and Regulations of the State of Georgia, Georgia Election Code,
Registration of Electors, § 183-1-6-.05.
LAW REVIEWS. --
For article commenting on the 1997 amendment of this Code
section, see 14 Ga. St. U. L. Rev. 284 (1997).
AM. JUR. 2D. --
25 Am. Jur. 2d, Elections, § 174 et seq.
C.J.S. --
29 C.J.S., Elections, § 69.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-221
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 6. REGISTRATION OF VOTERS
§ 21-2-221. Driver's license or identification card
application as application for voter registration; forms and procedure;
electronic transmission of applications and signatures
(a) Each application to obtain, renew,
or change the name or address on a driver's license or identification card
issued by the Department of Driver Services pursuant to Chapter 5 of Title 40
made by an applicant who is within six months of such applicant's eighteenth
birthday or older shall also serve as an application for voter registration
unless the applicant declines to register to vote through specific declination
or by failing to sign the voter registration application.
(b) The commissioner of driver services
and the Secretary of State shall agree upon and design such procedures and
forms as will be necessary to comply with this Code section.
(c) The forms designed by the
commissioner of driver services and the Secretary of State:
(1) Shall not require the applicant to
duplicate any information required in the driver's license portion of the
application with the exception of a second signature;
(2) Shall include such information as
required on other voter registration cards issued by the Secretary of
State;
(3) Shall contain a statement that
states each eligibility requirement contained in Code Section 21-2-216, that
contains an attestation that the applicant meets each such requirement, and
that requires the signature of the applicant under penalty of perjury; and
(4) Shall include, in print that is
identical to that used in the attestation, the penalties provided by law for
submission of a false voter registration application; and a statement that, if
an applicant declines to register to vote, the fact that the applicant has
declined to register will remain confidential and will be used only for voter
registration purposes.
(d) Any change of address submitted to
the Department of Driver Services for the purpose of changing the information
contained on a driver's license or identification card issued by the Department
of Driver Services shall serve as a notification of change of address for voter
registration unless the registrant states that at the time of submitting the
change of address that the change of address is not for voter registration
purposes.
(e) The Department of Driver Services
shall transmit the completed applications for voter registration to the
Secretary of State at the conclusion of each business day. The Secretary of
State shall forward the applications to the appropriate county board of
registrars to determine the eligibility of the applicant and, if found
eligible, to add the applicant's name to the list of electors and to place the
applicant in the correct precinct and voting districts.
(f) The Department of Driver Services
shall maintain such statistical records on the number of registrations and
declinations as requested by the Secretary of State.
(g) No information relating to the
failure of an applicant for a driver's license or identification card issued by
the Department of Driver Services to sign a voter registration application may
be used for any purpose other than voter registration.
(h) The Secretary of State and the
commissioner of driver services shall have the authority to promulgate rules
and regulations to provide for the transmission of voter registration
applications and signatures electronically. Such electronically transmitted signatures
shall be valid as signatures on the voter registration application and shall be
treated in all respects as a manually written original signature and shall be
recognized as such in any matter concerning the voter registration application.
Code
1981, § 21-2-221, enacted by Ga. L. 1994, p. 1443, § 3; Ga. L. 1996, p. 145, §
6; Ga. L. 1998, p. 295, § 1; Ga. L. 2002, p. 437, § 1; Ga. L. 2005, p. 334, § 10-2/HB 501.
Annotations
EDITOR'S NOTES. --
In light of the similarity of the statutory provisions,
opinions under former Code 1933, §§ 34-107, 34-108 and 34-612 and Code Section
21-2-221 are included in the annotations for this Code section.
JUDICIAL DECISIONS
CITED in Haynes v.
Wells, 273 Ga. 106, 538 S.E.2d 430 (2000).
Research References & Practice Aids
OPINIONS OF THE ATTORNEY
GENERAL
COUNTY BOARD OF
REGISTRARS IS THE PROPER AGENCY TO DETERMINE ELIGIBILITY to register and vote.
1970 Op. Att'y Gen. No. U70-103 (decided under former Code 1933, §§ 34-107,
34-108, and 34-612 as it read prior to the 1994 repeal and reenactment by Ga.
L. 1994, p. 1443, § 3).
OATH MAY BE
ADMINISTERED IN MASS. --Persons authorized to register voters pursuant to
O.C.G.A. § 21-2-212(c) may, after the registration cards have been completed by
the applicants, administer the oath to all applicants at the same time and then
obtain the required signatures individually. 1983 Op. Att'y Gen. No. 83-42
(decided under former Code Section 21-2-221 as it read prior to the 1994 repeal
and reenactment by Ga. L. 1994, p. 1443, § 3).
FAILURE TO SIGN
VOTER'S REGISTRATION CARD. --Where a voter's registration card has not been
signed by the voter, such person is not a registered voter and it actually is a
misnomer to refer to the person as a "voter." 1968 Op. Att'y Gen. No.
68-145 (decided under former Code 1933, §§ 34-107, 34-108 and 34-612 as it read
prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).
AM. JUR. 2D. --
25 Am. Jur. 2d, Elections, § 180 et seq.
C.J.S. --
29 C.J.S., Elections, §§ 70, 73.
ALR. --
Voter identification requirements as denying or abridging
right to vote on account of race or color under § 2 of Voting Rights Act, 52
U.S.C.A. § 10301, 12 A.L.R. Fed. 3d 4.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-225
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 6. REGISTRATION OF VOTERS
§ 21-2-225. Confidentiality of original registration applications;
limitations on registration data available for public inspection; datamade
available by Secretary of State; membership in nongovernmental entity for
purpose of sharing and exchanging information to improve accuracy and
efficiency of voter registration systems
(a) Neither the original applications
for voter registration nor any copies thereof shall be open for public
inspection except upon order of a court of competent jurisdiction.
(b) Except as provided in Code Section
21-2-225.1, all data collected and maintained on electors whose names appear on
the list of electors maintained by the Secretary of State pursuant to this
article shall be available for public inspection with the exception of bank
statements submitted pursuant to subsection (c) of Code Section 21-2-220 and
subsection (c) of Code Section 21-2-417, the month and day of birth, the social
security numbers, e-mail addresses, and driver's license numbers of the
electors, and the locations at which the electors applied to register to vote,
which shall remain confidential and shall be used only for voter registration
purposes; provided, however, that any and all information relating to the dates
of birth, social security numbers, and driver's license numbers of electors may
be made available to other agencies of this state, to agencies of other states
and territories of the United States, and to agencies of the federal government
if the agency is authorized to maintain such information and the information is
used only to identify the elector on the receiving agency's data base and is
not disseminated further and remains confidential. Information regarding an
elector's year of birth shall be available for public inspection.
(c) It shall be the duty of the
Secretary of State to furnish copies of such data as may be collected and
maintained on electors whose names appear on the list of electors maintained by
the Secretary of State pursuant to this article, within the limitations
provided in this article, on electronic media or computer run list or both. Notwithstanding
any other provision of law to the contrary, the Secretary of State shall
establish the cost to be charged for such data. The Secretary of State may
contract with private vendors to make such data available in accordance with
this subsection. Such data may not be used by any person for commercial
purposes.
(1) The Secretary of State may become a
member of a nongovernmental entity whose purpose is to share and exchange
information in order to improve the accuracy and efficiency of voter registration
systems. The membership of the nongovernmental entity shall be composed solely
of election officials of state and territorial governments of the United
States, except that such membership may also include election officials of the
District of Columbia.
(2) Notwithstanding any provision of law
to the contrary, the Secretary of State may share confidential and exempt
information after becoming a member of such nongovernmental entity as provided
in paragraph (1) of this subsection.
(3) The Secretary of State may become a
member of such nongovernmental entity only if such entity is controlled and
operated by the participating jurisdictions. The entity shall not be operated
or controlled by the federal government or any other entity acting on behalf of
the federal government. The Secretary of State must be able to withdraw at any
time from any such membership in such nongovernmental entity.
(4) If the Secretary of State becomes a
member of such nongovernmental entity, the Department of Driver Services shall,
pursuant to an agreement with the Secretary of State, provide driver's license
or identification card information related to voter eligibility to the
Secretary of State for the purpose of sharing and exchanging voter registration
information with such nongovernmental entity.
(5) Notwithstanding any law to the
contrary, upon the Secretary of State becoming a member of a nongovernmental
entity as provided in this subsection, information received by the Secretary of
State from the nongovernmental entity is exempt from disclosure under Article 4
of Chapter 18 of Title 50 and any other provision of law. However, the
Secretary of State may provide such information to the boards of registrars to
conduct voter registration list maintenance activities.
Code
1981, § 21-2-225, enacted by Ga. L. 1994, p. 1443, § 3; Ga. L. 1995, p. 8, § 1;
Ga. L. 1995, p. 1027, § 6; Ga. L. 1996, p. 145, § 8; Ga. L. 1998, p. 295, § 1;
Ga. L. 2003, p. 517, § 21; Ga. L. 2004, p. 103, § 1; Ga. L. 2005, p. 253, § 26/HB 244; Ga. L. 2008, p. 781, § 8/HB 1112; Ga. L. 2009, p. 316, § 1/HB 227; Ga. L. 2010, p. 914, § 11/HB 540; Ga. L. 2011, p. 590, § 1/HB 143; Ga. L. 2011, p. 683, § 7/SB 82; Ga. L. 2019, p. 7, § 7/HB 316.
Annotations
THE 2019 AMENDMENT,
effective April 2, 2019, added subsection (d).
EDITOR'S NOTES. --
In light of the similarity of the statutory provisions,
opinions under former Code 1933, §§ 34-401, 34-402, 34-404, 34-622, and 34-623
and former Code Sections 21-2-233 and 21-2-234 are included in the annotations
for this Code section.
JUDICIAL DECISIONS
EDITOR'S NOTES. --In
light of the similarity of the statutory provisions, decisions under former
Code 1910, § 58 are included in the annotations for this Code section.
VOTER LIST CORRECT
BUT OFFICIAL PROCEEDED IN IRREGULAR MANNER. --Where an ordinary (now judge of
the probate court) made up the list of qualified voters in an irregular manner,
the mere fact that the ordinary may have proceeded in an irregular manner would
not operate to vitiate the election, where it does not also appear that the
list as certified and furnished to the ordinary was in fact incorrect. Powell
v. Consolidated Sch. Dist. No. 1, 26 Ga. App. 135, 105 S.E. 616 (1921) (decided
under former Code 1910, § 58).
COMPLIANCE WITH
FEDERAL PRIVACY ACT. --Georgia's voter registration forms do not comply with
the notice requirements of § 7(b) of the Privacy Act, 5 U.S.C. § 552a, because
the form requires an applicant to disclose his or her social security number.
Schwier v. Cox, 412 F. Supp. 2d 1266 (N.D. Ga. 2005).
CITED in Walls v.
Garrett, 247 Ga. 640, 277 S.E.2d 903 (1981).
Research References & Practice Aids
LAW REVIEWS. --
For article on the 2019 amendment of this Code section, see
36 Ga. St. U.L. Rev. 81 (2019).
OPINIONS OF THE ATTORNEY
GENERAL
RESPONSIBILITY TO PREPARE ALL ELECTORS LISTS.
--The county board of registrars has both the authority and the responsibility
to prepare all lists of electors used within the county to include those for
the election of county commissioners. 1979 Op. Att'y Gen. No. U79-23 (decided
under former Code 1933, §§ 34-401, 34-402, and 34-622 as it read prior to the
1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).
WITHHOLDING OF NAME
BECAUSE OF CHANGE OF RESIDENCE. --A name may not be withheld from the list of
registered voters because of a change of residence unless the board of
registrars is convinced by sufficient proof of a change of legal residence.
1945-47 Op. Att'y Gen. p. 275 (decided under former Code 1933, § 34-401).
ACCESS TO ADDITIONAL
INFORMATION ON ELECTORS. --The names, addresses and ZIP codes of electors must
be furnished upon request for the fees set forth in former § 21-2-234. Any
additional identifying information as may be collected and maintained must be
made available for inspection and copying and a reasonable fee may be charged
for expenses incurred or copies furnished. 1984 Op. Att'y Gen. No. 84-39
(decided under former Code Section 21-2-234 as it read prior to the 1994 repeal
and reenactment by Ga. L. 1994, p. 1443, § 3).
ANY CITIZEN HAS A
RIGHT TO ACQUIRE THE LIST OF ELECTORS, with whatever other information they so
desire from local boards of registrars or from the Secretary of State's office
without prior official restraint. 1989 Op. Att'y Gen. No. 89-13 (decided under
former Code Section 21-2-234 as it read prior to the 1994 repeal and
reenactment by Ga. L. 1994, p. 1443, § 3).
THE TERM
"COMMERCIAL PURPOSES" in former § 21-2-234(c) was to be given its
customary meaning and refers generally to the manufacture, transportation,
traffic, and sale of goods, merchandise, and services of all kind. 1989 Op.
Att'y Gen. No. 89-13 (decided under former Code Section 21-2-234 as it read
prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).
AM. JUR. 2D. --
25 Am. Jur. 2d, Elections, § 179.
C.J.S. --
29 C.J.S., Elections, § 75 et seq.
ALR. --
Nonregistration as affecting legality of votes cast by
persons otherwise qualified, 101 A.L.R. 657.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-223
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 6. REGISTRATION OF VOTERS
§ 21-2-223. Mail voter registration application forms
(a) The Secretary of State shall design,
publish, and distribute voter registration application forms with which a
person may apply to register to vote by completing and mailing the form to the
Secretary of State or to the board of registrars of the person's county of
residence. The Secretary of State shall forward the applications that he or she
receives to the appropriate county board of registrars to determine the
eligibility of the applicant and, if found eligible, to add the applicant's
name to the list of electors and to place the applicant in the correct precinct
and voting districts.
(b) The county boards of registrars
shall obtain and maintain a supply of mail voter registration application forms
for distribution and for voter registration. In addition, each state, county,
and municipal office, except an office which is a designated voter registration
office under Code Section 21-2-222, which has regular contact with the public
shall obtain a supply of mail voter registration application forms from the
Secretary of State and make such applications available for use by citizens to
register to vote.
(c) The mail voter registration
application forms shall be made available through governmental and private
entities with particular emphasis on making such forms available for organized
voter registration programs.
Code
1981, § 21-2-223, enacted by Ga. L. 1994, p. 1443, § 3; Ga. L. 1998, p. 295, §
1; Ga. L. 2010, p. 914, § 9/HB 540.
Annotations
JUDICIAL DECISIONS
INJUNCTION WAS
PROPERLY ISSUED AGAINST OFFICIALS WHO REJECTED VOTER REGISTRATION FORMS.
--Preliminary injunction was properly issued against state officials who had
rejected voter registration forms that had been mailed to the Georgia Secretary
of State because the plaintiffs were substantially likely to prevail in their
suit and the public interest was served by the preservation of the applicants'
voting rights because: (1) the Secretary of State had rejected the forms based
upon the fact that they had been bundled and mailed in together, rather than
individually; (2) state law had to comply with the National Voter Registration
Act of 1993 (NVRA), 42 U.S.C. § 1973gg et seq.; (3) the NVRA did not prohibit
registration drives or prohibit third-party submission of individual voter
registration forms and specifically required that states should register all
voters that timely mailed in valid voter registration forms; and (4) Georgia's
anti-bundling policy did little, if anything, to prevent fraud or assist in the
assessment of voter eligibility. Charles H. Wesley Educ. Found., Inc. v. Cox,
408 F.3d 1349 (11th Cir. 2005).
PLAINTIFFS HAD
STANDING TO CHALLENGE REJECTION OF VOTER REGISTRATION FORMS which they mailed
to the Georgia Secretary of State where: (1) the Secretary of State rejected
the forms based upon the fact that the forms were bundled and mailed in
together, rather than mailed individually; (2) the plaintiffs' claim, that the
rejection of the forms violated their rights under the National Voter Registration
Act of 1993, 42 U.S.C. § 1973gg et seq., was sufficient to allege a legal
injury-in-fact that was fairly attributable to the conduct of the state
officials that were sued in the suit; and (3) the plaintiffs did not have to
show that their claims were valid or that they would prevail in the suit in
order to have standing to assert their claims. Charles H. Wesley Educ. Found.,
Inc. v. Cox, 408 F.3d 1349 (11th Cir. 2005).
Research References & Practice Aids
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-225.1
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 6. REGISTRATION OF VOTERS
§ 21-2-225.1. Confidentiality of address of registered
electors; term of request; procedure
(a) Any registered elector in this state
who has obtained a protective order under Code Section 19-13-4 or under a
similar provision of law in another state or who has obtained a restraining
order or protective order under Code Section 16-5-94 or under a similar
provision of law in another state may request the board of registrars of such
elector's county of residence to make such elector's residence address
confidential. An elector who is a bona fide resident of a family violence
shelter, as defined in Code Section 19-13-20, may request to have his or her
address made confidential without having to obtain a restraining order or
protective order.
(b) Upon the filing of a request with an
affidavit under oath with the board of registrars by a registered elector
stating that the elector has obtained a protective order under Code Section
19-13-4 or similar provision of law from another state or a restraining order
or protective order under Code Section 16-5-94 or a similar provision of law of
another state or, if the elector is a resident of a family violence shelter, a
certification by the operators of such family violence shelter that such
elector is a bona fide resident of such shelter, the registrars shall
immediately review such request and supporting documents and, if such request
and documentation is sufficient, shall approve the request and immediately take
such steps as necessary to make the residence address of the elector
confidential.
(c) A request under this Code section,
once approved, shall be effective for a period of four years following its
approval by the registrars and may be renewed for additional four-year periods
by the filing of a new request with the supporting documentation required by
subsection (b) of this Code section prior to the end of each four-year period.
If the elector registers to vote in another county in this state or another
state, a new request for confidentiality of the elector's residence address
with the supporting documentation required in subsection (b) of this Code section
shall be filed with the new county in order to continue the confidentiality of
the elector's residence address or the confidentiality shall terminate.
(d) The Secretary of State shall provide
by procedure, rule, or regulation for the mechanism by which such information
shall be made confidential on the voter registration data base and may provide
for forms for use in making such requests and for the use of alternate
addresses for electors who file requests for the confidentiality of their
residence addresses.
(e) Information made confidential
pursuant to this Code section shall not be subject to disclosure under Article
4 of Chapter 18 of Title 50.
Code
1981, § 21-2-225.1, enacted by Ga. L.
2009, p. 316, § 2/HB 227.
Research
References & Practice Aids
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-224
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 6. REGISTRATION OF VOTERS
§ 21-2-224. Registration deadlines; restrictions on voting
in primaries; official list of electors; voting procedure when portion of
county changed from one county to another
(a) If any person whose name is not on
the list of registered electors maintained by the Secretary of State under this
article desires to vote at any general primary, general election, or
presidential preference primary, such person shall make application as provided
in this article by the close of business on the fifth Monday or, if such Monday
is a legal holiday, by the close of business on the following business day
prior to the date of such general primary, general election, or presidential
preference primary.
(b) If any person whose name is not on
the list of registered electors maintained by the Secretary of State under this
article desires to vote at any special primary or special election, such person
shall make application as provided in this article no later than either the
close of business on the fifth day after the date of the call for the special
primary or special election, excluding Saturdays, Sundays, and legal holidays
of this state or the close of business on the fifth Monday prior to the date of
the special primary or special election or, if such Monday is a legal holiday,
by the close of business on the following business day, whichever is later;
except that:
(1) If such special primary or special
election is held in conjunction with a general primary, general election, or
presidential preference primary, the registration deadline for such special
primary or special election shall be the same as the registration deadline for
the general primary, general election, or presidential preference primary in
conjunction with which the special primary or special election is being
conducted; or
(2) If such special primary or special
election is not held in conjunction with a general primary, general election,
or presidential preference primary but is held on one of the dates specified in
Code Section 21-2-540 for the conduct of special elections to present a
question to the voters or special primaries or elections to fill vacancies in
elected county or municipal offices, the registration deadline for such a
special primary or election shall be at the close of business on the fifth
Monday prior to the date of the special primary or election or, if such Monday
is a legal holiday, by the close of business on the following business day.
(c) Mail voter registration applications
shall be deemed to have been made as of the date of the postmark affixed to
such application by the United States Postal Service or, if no such postmark is
affixed or if the postmark affixed by the United States Postal Service is
illegible or bears no date, such application shall be deemed to have been made
timely if received through the United States mail by the Secretary of State no
later than the close of business on the fourth Friday prior to a general
primary, general election, presidential preference primary, or special primary
or special election held in conjunction with a general primary, general
election, or presidential preference primary or special primary or special
election held on one of the dates specified in Code Section 21-2-540 for the
conduct of special elections to present questions to the voters or special
primaries or special elections to fill vacancies in elected county or municipal
offices or no later than the close of business on the ninth day after the date
of the call, excluding Saturdays, Sundays, and legal holidays of this state,
for all other special primaries and special elections.
(c.1)An individual or
organization shall promptly transmit all completed voter registration
applications to the Secretary of State or the appropriate board of registrars
within ten days after receiving such application or by the close of
registration, whichever period is earlier. If an individual or organization
receives a completed voter registration application 14 or fewer days before the
close of registration, the individual or organization shall transmit the
application to the Secretary of State or the appropriate board of registrars
within 72 hours of the date of the execution of the application or by midnight
on the close of registration, whichever period is earlier.
(d) Each elector who makes timely
application for registration, is found eligible by the board of registrars and
placed on the official list of electors, and is not subsequently found to be
disqualified to vote shall be entitled to vote in any primary or election;
provided, however, that an elector, voting in the primary or primaries held by
a single party for the nomination of candidates to seek public offices to be
filled in an election, shall not vote in a primary held by any other party for
the nomination of candidates to seek public offices to be filled in the same
such election.
(e) The county board of registrars shall
deliver to the municipality, upon a basis mutually agreed upon between the
county board of registrars and the governing authority of the municipality, a
copy of the list of electors for the municipality for the primary or election.
Such list shall be delivered not earlier than the fifth Monday prior to a
primary or election and not later than 21 days prior to such primary or
election for the purpose of permitting the municipality to check the accuracy
of the list. The municipality shall, upon receipt of the county registration
list, or as soon as practicable thereafter but in no event later than five days
prior to such primary or election, review such list and identify in writing to
the county board of registrars any names on the electors list of persons who
are not qualified to vote at such primary or election, stating the reason for
disqualification. The county board of registrars shall challenge the persons
identified in accordance with Code Section 21-2-228. In addition, the county
board of registrars shall provide a list of inactive electors for the
municipality. The municipality shall certify such lists and file with the city
clerk a copy showing the names of electors entitled to vote at such primary or
election.
(f) The official list of electors
eligible to vote in any primary or election shall be prepared and completed at
least five calendar days prior to the date of the primary or election in which
the list is to be used.
(g) The official list of electors and
the official list of inactive electors prepared and distributed to the poll
officers of each precinct shall include only the elector's name, address, ZIP
Code, date of birth, voter identification number, a designation of whether the
elector registered for the first time in this state and is required to comply
with Code Section 21-2-216, a designation of whether the elector registered for
the first time in this state by mail and is required to comply with Code
Sections 21-2-220 and 21-2-417, congressional district, state Senate district,
state House district, county commission district, if any, county or independent
board of education district, if any, and municipal governing authority district
designations, if any, and such other voting districts, if any. The official
list of electors and the official list of inactive electors prepared and
distributed to the poll officers of each precinct may also include codes
designating that an elector has voted by absentee ballot, has been challenged,
or has been sent mail by the registrars which has been returned marked
undeliverable. No person whose name does not appear on the official list of
electors shall vote or be allowed to vote at any election, except as otherwise
provided in this article. The county registrars shall ensure that the
information required to notify poll officers that an elector registered to vote
for the first time in this state by mail and must comply with subsection (c) of
Code Section 21-2-220 and subsection (c) of Code Section 21-2-417 is placed on
each list of electors to be used at a polling place.
(h) All persons whose names appear on
the list of electors placed in the possession of the managers in each precinct
and no others, except as otherwise provided in this article, shall be allowed
to deposit their ballots according to law at the precinct in which they are
registered.
(i) When any portion of a county or
municipality is changed from one county or municipality to another, the persons
who would have been qualified to vote in the county or municipality from which
taken, at the time of any primary or election, shall vote in the county or municipality
to which they are removed; and, if required to swear or certify, the oath or
certification may be so qualified as to contain this fact. The name of such
elector shall be kept and checked as provided in Code Section 21-2-228.
Code
1981, § 21-2-224, enacted by Ga. L. 1994, p. 1443, § 3; Ga. L. 1995, p. 8, § 1;
Ga. L. 1995, p. 1027, § 5; Ga. L. 1995, p. 1044, § 1; Ga. L. 1996, p. 145, § 7;
Ga. L. 1997, p. 590, § 21; Ga. L. 1998, p. 145, § 1; Ga. L. 1998, p. 295, § 1;
Ga. L. 2003, p. 151, § 1; Ga. L. 2003, p. 517, § 20; Ga. L. 2005, p. 253, § 25/HB 244; Ga. L. 2010, p. 914, § 10/HB 540; Ga. L. 2012, p. 995, § 17/SB 92; Ga. L. 2017, p. 697, § 9/HB 268.
THE 2017 AMENDMENT,
effective July 1, 2017, in subsection (e), deleted "the chief registrar
of" preceding "the municipality" near the beginning of the first
sentence and near the end of the second sentence, and substituted
"municipality" for "municipal registrar" near the beginning
of the third and last sentences.
EDITOR'S NOTES. --
In light of the similarity of the statutory provisions,
opinions under former Code 1933, §§ 34-106 and 34-611 and former Code Section
21-2-220 are included in the annotations for this Code section.
Research
References & Practice Aids
ADMINISTRATIVE RULES AND
REGULATIONS. --
Preparation of the electors list and use of ExpressPoll,
Official Compilation of the Rules and Regulations of the State of Georgia,
Georgia Election Code, Voting Machines -- Vote Recorders, § 183-1-12-.07.
Acceptance of
voter registration applications, Official Compilation of the Rules and
Regulations of the State of Georgia, Georgia Election Code, Registration of
Electors, § 183-1-6-.01.
OPINIONS OF THE ATTORNEY
GENERAL
ELECTION CODE
CONTROLS OVER CHARTER PROVISIONS. --When determining voter registration cut-off
dates, the Election Code prevails over conflicting charter provisions. 1970 Op.
Att'y Gen. No. U70-165 (decided under former Code 1933, §§ 34-106 and 34-611 as
it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, §
3).
PARTY PRIMARIES.
--This provision would preclude a person from voting in the Democratic primary
for Governor and other offices listed on the ballot and then later voting in a
Republican primary or run off for candidates for the same offices. 1982 Op.
Att'y Gen. No. 82-53 (decided under former Code Section 21-2-220 as it read
prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).
RIGHT TO VOTE IN
SPECIAL PRIMARY OR ELECTION. --If a special primary or election is called,
voters who did not register or vote previously in a regular primary are still
entitled to vote in the special primary or election provided they register to
vote on the fifth day after the call of such special primary or election. 1982
Op. Att'y Gen. No. 82-53 (decided under former Code Section 21-2-220 as it read
prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).
If a special
primary is held for the United States House of Representatives, a person is not
bound to vote in the same political party's primary in which the person
previously voted in the regular primary. 1982 Op. Att'y Gen. No. 82-53 (decided
under former Code Section 21-2-220 as it read prior to the 1994 repeal and
reenactment by Ga. L. 1994, p. 1443, § 3).
AM. JUR. 2D. --
25 Am. Jur. 2d, Elections, § 177 et seq.
C.J.S. --
29 C.J.S., Elections, § 66 et seq.
ALR. --
Propriety of test or question asked applicant for
registration as voter other than formal questions relating to specific
conditions of his right to registration, 76 A.L.R. 1238.
Validity of
statute limiting time period for voter registration, 56 A.L.R. 6th 523.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-226
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 6. REGISTRATION OF VOTERS
§ 21-2-226. Duties of county board in determining
eligibility of voters; maps of municipal boundaries; notice of ineligibility;
issuance of registration cards; reimbursement for postage cost
(a) It shall be the duty of the county
board of registrars to determine the eligibility of each person applying to
register to vote in such county.
(b) Upon finding an elector eligible to
vote in the county, the county board of registrars shall have the duty of
determining and placing the elector in the proper congressional district; state
Senate district; state House district; county commission district, if any;
county or independent board of education district, if any; and municipal
governing authority district, if any; such other voting districts, if any; and
precinct.
(c) It shall be the duty of each
incorporated municipality located wholly or partially within the boundaries of
a county to provide a detailed map showing the municipal boundaries, municipal
precinct boundaries, and voting district boundaries to the county board of
registrars no later than January 1, 1995, and within 15 days of any changes in
such municipal boundaries, precinct boundaries, or voting district boundaries.
Upon receiving any changes in municipal boundaries, the county board of
registrars shall provide to the municipality a list of all voters affected by
such changes with the street addresses of such electors for the purpose of
verifying the changes with the municipality. Upon receiving the list of
electors affected by changes in municipal boundaries, the municipality shall
immediately review the information provided by the county registrars and advise
the county registrars of any discrepancies.
(d) Each person submitting an
application for voter registration shall be notified of the disposition of such
application. In the event that the person is found ineligible, the person shall
be notified of the reasons for ineligibility. Such notices shall be sent to the
person in writing by nonforwardable, first-class mail at the mailing address
listed on the application.
(e) Each elector found eligible to be
registered to vote by the board of registrars shall be issued a card which
shall contain the elector's name and address, a block or space for the
elector's signature, the date of the elector's registration, the name and
location of the elector's polling place or polling places if the county and
municipal polling places are not the same, and the designation of the elector's
congressional district; state Senate district; state House district; county
commission district, if any; county or independent board of education district,
if any; and municipal governing authority district, if any, and such other
voting districts, if any. On the reverse side of the card, there shall be
printed instructions which shall indicate the procedure to be followed in the
event of the change of address of the elector. In the event an elector changes
residences within the county in which an elector is registered to vote, the
elector may change such elector's address by returning the card to the board of
registrars of such county indicating the new address. Upon receipt of such
card, the board of registrars shall make the necessary changes in the elector's
registration records and issue a new card to the elector. In the event that an
elector's precinct, polling place, or voting district or districts change, a
new card shall be issued to the elector reflecting such changes. When the
boundaries of a precinct are changed, all affected electors shall be sent a new
card prior to the next primary or election. The form of such cards shall be
determined by the Secretary of State. The issuance of such cards shall be
sufficient as a notification of the disposition of an application for voter
registration under this Code section, provided that such cards are sent by
nonforwardable, first-class mail.
(f) In the event that the registrars are
required to issue voters new cards under subsection (e) of this Code section
due to changes in districts or precincts as a result of reapportionment or
court order, the registrars may apply to the Secretary of State prior to June
30 of each year for reimbursement of the costs of postage with respect to
mailing such cards during the 12 month period ending on June 30 of that year.
The Secretary of State shall receive all such applications and shall, no later
than June 30 of each year, reimburse the counties for such costs from funds
specifically appropriated for that purpose. In the event that the total amount
of the requests for reimbursement exceeds the funds appropriated for
reimbursement, the Secretary of State shall reimburse the counties on a pro
rata basis. In the event that no funds are specifically appropriated for
reimbursement, no such reimbursement shall be made.
(g) In the event that the registrars of
a county, serving as registrars for a municipality, are required to issue
voters in a municipality new cards under subsection (e) of this Code section
due to changes in municipal districts or precincts, the municipality shall
reimburse the county registrars for the cost of postage in mailing such cards
to the voters.
Code
1981, § 21-2-226, enacted by Ga. L. 1994, p. 1443, § 3; Ga. L. 1997, p. 590, §
22; Ga. L. 1998, p. 295, § 1; Ga. L. 2001, p. 240, § 18; Ga. L. 2015, p. 385, § 6-2/HB 252; Ga. L. 2017, p. 697, § 10/HB 268.
THE 2017 AMENDMENT,
effective July 1, 2017, substituted "municipality" for
"municipal registrar" in the middle of the second and third sentences
of subsection (c).
EDITOR'S NOTES. --
Ga. L. 2015, p. 385,
§ 1/HB 252, not codified by the General Assembly, provides: "This Act
shall be known and may be cited as the 'J. Calvin Hill, Jr., Act."'
JUDICIAL DECISIONS
CITED in Cook v.
Randolph County, 573 F.3d 1143 (11th Cir. 2009).
Research
References & Practice Aids
ADMINISTRATIVE RULES AND
REGULATIONS. --
Acceptance of voter registration applications, Official
Compilation of the Rules and Regulations of the State of Georgia, Georgia
Election Code, Registration of Electors, Sec. 183-1-6-.01.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-230
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 6. REGISTRATION OF VOTERS
§ 21-2-230. Challenge of persons on list of electors by
other electors; procedure; hearing; right of appeal
(a) Any elector of the county or
municipality may challenge the right of any other elector of the county or
municipality, whose name appears on the list of electors, to vote in an
election. Such challenge shall be in writing and specify distinctly the grounds
of such challenge. Such challenge may be made at any time prior to the elector
whose right to vote is being challenged voting at the elector's polling place
or, if such elector cast an absentee ballot, prior to 5:00 P.M. on the day
before the election; provided, however, that challenges to persons voting by
absentee ballot in person at the office of the registrars or the absentee
ballot clerk shall be made prior to such person's voting.
(b) Upon the filing of such challenge,
the board of registrars shall immediately consider such challenge and determine
whether probable cause exists to sustain such challenge. If the registrars do
not find probable cause, the challenge shall be denied. If the registrars find probable
cause, the registrars shall notify the poll officers of the challenged
elector's precinct or, if the challenged elector voted by absentee ballot,
notify the poll officers at the absentee ballot precinct and, if practical,
notify the challenged elector and afford such elector an opportunity to
answer.
(c) If the challenged elector appears at
the polling place to vote, such elector shall be given the opportunity to
appear before the registrars and answer the grounds of the challenge.
(d) If the challenged elector does not
cast an absentee ballot and does not appear at the polling place to vote and if
the challenge is based on grounds other than the qualifications of the elector
to remain on the list of electors, no further action by the registrars shall be
required.
(e) If the challenged elector cast an
absentee ballot and it is not practical to conduct a hearing prior to the close
of the polls and the challenge is based upon grounds other than the
qualifications of the elector to remain on the list of electors, the absentee
ballot shall be treated as a challenged ballot pursuant to subsection (e) of
Code Section 21-2-386. No further action by the registrars shall be
required.
(f) If the challenged elector does not
cast an absentee ballot and does not appear at the polling place to vote and
the challenge is based on the grounds that the elector is not qualified to
remain on the list of electors, the board of registrars shall proceed to hear
the challenge pursuant to Code Section 21-2-229.
(g) If the challenged elector cast an
absentee ballot and the challenge is based upon grounds that the challenged
elector is not qualified to remain on the list of electors, the board of
registrars shall proceed to conduct a hearing on the challenge on an expedited
basis prior to the certification of the consolidated returns of the election by
the election superintendent. The election superintendent shall not certify such
consolidated returns until such hearing is complete and the registrars have
rendered their decision on the challenge. If the registrars deny the challenge,
the superintendent shall proceed to certify the consolidated returns. If the
registrars uphold the challenge, the name of the challenged elector shall be
removed from the list of electors and the ballot of the challenged elector
shall be rejected and not counted and, if necessary, the returns shall be
adjusted to remove any votes cast by such elector. The elector making the
challenge and the challenged elector may appeal the decision of the registrars
in the same manner as provided in subsection (e) of Code Section 21-2-229.
(h) If the challenged elector appears at
the polls to vote and it is practical to conduct a hearing on the challenge
prior to the close of the polls, the registrars shall conduct such hearing and
determine the merits of the challenge. If the registrars deny the challenge,
the elector shall be permitted to vote in the election notwithstanding the fact
that the polls may have closed prior to the time the registrars render their
decision and the elector can actually vote, provided that the elector proceeds
to vote immediately after the decision of the registrars. If the registrars
uphold the challenge, the challenged elector shall not be permitted to vote
and, if the challenge is based upon the grounds that the elector is not
qualified to remain on the list of electors, the challenged elector's name
shall be removed from the list of electors.
(i) If the challenged elector appears at
the polls to vote and it is not practical to conduct a hearing prior to the
close of the polls or if the registrars begin a hearing and subsequently find
that a decision on the challenge cannot be rendered within a reasonable time,
the challenged elector shall be permitted to vote by casting a challenged
ballot on the same type of ballot that is used by the county or municipality
for provisional ballots. Such challenged ballot shall be sealed in double
envelopes as provided in subsection (a) of Code Section 21-2-419 and, after
having the word "Challenged," the elector's name, and the alleged
cause of the challenge written across the back of the outer envelope, the
ballot shall be deposited by the person casting such ballot in a secure, sealed
ballot box notwithstanding the fact that the polls may have closed prior to the
time the registrars make such a determination, provided that the elector
proceeds to vote immediately after such determination of the registrars. In
such cases, if the challenge is based upon the grounds that the challenged
elector is not qualified to remain on the list of electors, the registrars
shall proceed to finish the hearing prior to the certification of the
consolidated returns of the election by the election superintendent. If the
challenge is based on other grounds, no further action shall be required by the
registrars. The election superintendent shall not certify such consolidated
returns until such hearing is complete and the registrars have rendered their
decision on the challenge. If the registrars deny the challenge, the
superintendent shall proceed to certify the consolidated returns. If the
registrars uphold the challenge, the name of the challenged elector shall be
removed from the list of electors and the ballot of the challenged elector
shall be rejected and not counted and, if necessary, the returns shall be
adjusted to remove any votes cast by such elector. The elector making the
challenge and the challenged elector may appeal the decision of the registrars
in the same manner as provided in subsection (e) of Code Section 21-2-229.
Code
1981, § 21-2-230, enacted by Ga. L. 1994, p. 1443, § 3; Ga. L. 1995, p. 8, § 1;
Ga. L. 1998, p. 295, § 1; Ga. L. 1998, p. 1231, §§ 6, 30; Ga. L. 2000, p. 135,
§ 1; Ga. L. 2003, p. 517, § 22; Ga. L.
2005, p. 253, § 27/HB 244; Ga. L. 2010,
p. 914, § 12/HB 540; Ga. L. 2012, p.
995, § 18/SB 92; Ga. L. 2019, p. 7, §
8/HB 316.
THE 2019 AMENDMENT,
effective April 2, 2019, substituted "ballot clerk shall" for
"ballot clerk whose vote is cast on a DRE unit must" near the end of
the last sentence of subsection (a).
EDITOR'S NOTES. --
In light of the similarity of the statutory provisions,
opinions decided under former Code 1933, § 34-605, are included in the
annotations for this Code section.
JUDICIAL DECISIONS
ELECTION
CHALLENGER'S TIMELY FILED ELECTION CONTEST, FILED AFTER THE ELECTION, WAS
ERRONEOUSLY DISMISSED, as such was not moot merely because the challenger
failed to file the contest prior to the election, given that no statutory
provision or case law supported this proposition, and the petition sufficiently
stated a claim upon which relief could be granted. Allen v. Yost, 281 Ga. 102,
636 S.E.2d 517 (2006), appeal dismissed, 282 Ga. 865, 655 S.E.2d 580 (2008).
Research
References & Practice Aids
LAW REVIEWS. --
For survey article on local government law, see 59 Mercer L.
Rev. 285 (2007). For article on the 2019 amendment of this Code section, see 36
Ga. St. U.L. Rev. 81 (2019).
OPINIONS OF THE ATTORNEY
GENERAL
ONE WHO MOVES AWAY
FROM A COUNTY FORFEITS THE RIGHT TO VOTE IN THAT COUNTY. 1965-66 Op. Att'y Gen.
No. 65-56 (decided under former Code 1933, § 34-605).
NOTICE OF CHALLENGE.
--The registrars are required by law to give notice to the person whose right
to appear on the voters list is questioned either by the registrars or by any
citizen. The notice is to be in writing and served upon the person either personally
or by leaving the same at the person's most notorious place of abode. 1945-47
Op. Att'y Gen. p. 242 (decided under former Code 1933, § 34-605).
SERVICE OF
CHALLENGE. --A notice of challenge of a registered voter is served by the
sheriff, the deputy, or a lawful constable. The costs of service are paid from
the county treasury. 1945-47 Op. Att'y Gen. p. 242 (decided under former Code
1933, § 34-605).
PROOF OF
DISQUALIFICATION REQUIRED FOR REMOVAL FROM VOTERS LIST. --The registrars may
not remove the name of a challenged voter from the voters list except upon
legal proof of disqualification. 1945-47 Op. Att'y Gen. p. 244 (decided under
former Code 1933, § 34-605).
AM. JUR. 2D. --
25 Am. Jur. 2d, Elections, § 1793.
C.J.S. --
29 C.J.S., Elections, § 75 et seq.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-231
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 6. REGISTRATION OF VOTERS
§ 21-2-231. Lists of persons convicted of felonies,
noncitizens, mentally incompetent, and deceased persons provided to Secretary
of State and Council of Superior Court Clerks; removal of names from list of
electors; obtain information about deceased; timing; list of inactive voters
provided to Council of Superior Court Clerks
(a) Unless otherwise notified by the
Secretary of State, the Georgia Crime Information Center shall, on or before
the tenth day of each month, prepare and transmit to the Secretary of State and
The Council of Superior Court Clerks of Georgia a complete list of all persons,
including dates of birth, social security numbers, and other information as
prescribed by the Secretary of State or The Council of Superior Court Clerks of
Georgia, who were convicted of a felony in this state since the preceding
reporting period. The Secretary of State or The Council of Superior Court
Clerks of Georgia may, by agreement with the commissioner of corrections and
the commissioner of community supervision, obtain criminal information relating
to the conviction, sentencing, and completion of sentencing requirements of
felonies. Additionally, the Secretary of State and The Council of Superior
Court Clerks of Georgia shall be authorized to obtain such criminal information
relating to Georgia electors convicted of a felony in another state, if such
information is available.
(a.1)The clerk of the
superior court of each county shall, on or before the tenth day of each month,
prepare and transmit to the Secretary of State, in a format prescribed by the
Secretary of State, a complete list of all persons, including addresses, ages,
and other identifying information as prescribed by the Secretary of State, who
identify themselves as not being citizens of the United States during their
qualification to serve as a juror during the preceding calendar month in that
county.
(b) The judge of the probate court of
each county shall, on or before the tenth day of each month, prepare and
transmit to the Secretary of State, in a format prescribed by the Secretary of
State, a complete list of all persons, including addresses, ages, and other
identifying information as prescribed by the Secretary of State, who were
declared mentally incompetent during the preceding calendar month in the county
and whose voting rights were removed.
(1) Upon receipt of the lists described
in subsections (a.1) and (b) of this Code section, the Secretary of State shall
transmit the names of such persons whose names appear on the list of electors
to the appropriate county board of registrars who shall remove all such names
from the list of electors and shall mail a notice of such action and the reason
therefor to the last known address of such persons by first-class mail.
(2) Upon receipt of the list described
in subsection (a) of this Code section and the lists of persons convicted of
felonies in federal courts received pursuant to 52 U.S.C. Section 20507(g), the
Secretary of State shall transmit the names of such persons whose names appear
on the lists of electors to the appropriate county board of registrars who
shall mail a notice to the last known address of each such person by
first-class mail, stating that the board of registrars has received information
that such person has been convicted of a felony and will be removed from the
list of electors 30 days after the date of the notice unless such person
requests a hearing before the board of registrars on such removal.
(d) Unless otherwise notified by the
Secretary of State, the local registrar of vital statistics of each county
shall, on or before the tenth day of each month, prepare and transmit to the
Secretary of State, in a format prescribed by the Secretary of State, a
complete list of all persons, including addresses, ages, and other identifying
information as prescribed by the Secretary of State, who died during the
preceding calendar month in the county. The Secretary of State may, by
agreement with the commissioner of public health, obtain such information from
the state registrar of vital statistics. Additionally, the Secretary of State
is authorized to obtain such lists of deceased Georgia electors, if possible,
from other states.
(e) Upon receipt of the lists described
in subsection (d) of this Code section, the Secretary of State or his or her
designated agent shall remove all such names of deceased persons from the list
of electors and shall notify the registrar in the county where the deceased
person was domiciled at the time of his or her death.
(e.1)County registrars
may obtain information about persons who died from obituaries published by
local newspapers, death certificates, verifiable knowledge of the death, and
information provided in writing and signed by a family member or members of the
deceased person. County registrars shall determine if such deceased person's
name appears on the list of electors and, if so, shall remove such name from
the list of electors and shall send by first class mail to the mailing address
shown on the elector's voter registration records a notice of such action and
the reason therefor.
(f) County registrars shall initiate
appropriate action regarding the right of an elector to remain on the list of
qualified registered voters within 60 days after receipt of the information
described in this Code section. Failure to take such action may subject the registrars
or the county governing authority for whom the registrars are acting to a fine
by the State Election Board.
(g) The Secretary of State shall provide
to The Council of Superior Court Clerks of Georgia not later than the last day
of each month all information enumerated in subsections (b) through (d) of this
Code section and Code Section 21-2-232 and a list of voters who have failed to
vote and inactive voters, as identified pursuant to Code Sections 21-2-234 and
21-2-235. Such data shall only be used by the council, the council's vendors,
superior court clerks, and jury clerks for maintenance of state-wide master
jury lists and county master jury lists. Such data shall be provided to the
council or its vendors in the electronic format required by the council for
such purposes.
Code
1981, § 21-2-231, enacted by Ga. L. 1994, p. 1443, § 3; Ga. L. 1996, p. 145, §
9; Ga. L. 1997, p. 590, § 26; Ga. L. 1998, p. 295, § 1; Ga. L. 1998, p. 1231,
§§ 7, 31; Ga. L. 1999, p. 52, § 10; Ga. L. 2001, p. 269, § 14; Ga. L. 2005, p. 253, § 28/HB 244; Ga. L. 2008, p. 781, § 9/HB 1112; Ga. L. 2009, p. 327, § 1/HB 549; Ga. L. 2009, p. 453, § 1-6/HB 228; Ga. L. 2011, p. 59, § 1-65/HB 415; Ga. L. 2011, p. 705, § 6-5/HB 214; Ga. L. 2012, p. 995, § 19/SB 92; Ga. L. 2014, p. 451, § 9/HB 776; Ga. L. 2015, p. 422, § 5-52/HB 310; Ga. L. 2019, p. 7, § 9/HB 316.
THE 2019 AMENDMENT,
effective April 2, 2019, redesignated the existing provisions of subsection (c)
as paragraph (c)(1); substituted "subsections (a.1), and (b) of this Code
section" for "subsections (a), (a.1) and (b) of this Code section and
the lists of persons convicted of felonies in federal courts received pursuant
to 42 U.S.C. Section 1973gg-6(g)" in the middle of paragraph (c)(1); and
added paragraph (c)(2).
EDITOR'S NOTES. --
In light of the similarity of the statutory provisions,
opinions under former Code 1933, §§ 34-203, 34-204 and 34-621 and former Code
Section 21-2-219 are included in the annotations for this Code section.
CODE COMMISSION NOTES. --
Pursuant to Code Section 28-9-5, in 2019, a comma was
deleted following "subsections (a.1)" in paragraph (c)(1).
EDITOR'S NOTES. --
Ga. L. 2011, p. 59,
§ 1-1/HB 415, not codified by the General Assembly, provides: "This Act
shall be known and may be cited as the 'Jury Composition Reform Act of
2011.'"
Ga. L. 2015, p. 422, § 6-1/HB 310, not
codified by the General Assembly, provides: "This Act shall become
effective July 1, 2015, and shall apply to sentences entered on or after such
date."
U.S. CODE. --
The National Voter Registration Act of 1993 is codified at
42 U.S.C. Section 1973gg-7.
Section 20507 of Title 52 U.S.C., referred
to in this Code section, concerns the requirements with respect to
administration of voter registration.
LAW REVIEWS. --
For article on the 2011 amendment of this Code section, see
28 Ga. St. U.L. Rev. 147 (2011). For article on the 2015 amendment of this Code
section, see 32 Ga. St. U.L. Rev. 231 (2015). For article on the 2019 amendment
of this Code section, see 36 Ga. St. U.L. Rev. 81 (2019).
For note on the 2001 amendment of this
Code section, see 18 Ga. St. U.L. Rev. 96 (2001).
Research
References & Practice Aids
CROSS REFERENCES. --
Purging list by using list of persons for whom death
certificates filed, § 31-10-15.
OPINIONS OF THE ATTORNEY
GENERAL
PROCEDURE FOR
DISQUALIFICATION OF CONVICTED VOTER. --The Election Code does not establish a
procedure for the automatic disqualification of a voter who has been convicted
of a crime involving moral turpitude; therefore, it is suggested that written
notice be given to the elector as required by former Code 1933, § 34-617 (see
now O.C.G.A. § 21-2-225), or, if the list has already been prepared, the voter
should be called upon to show cause why the voter's name should not be removed
from the voters list. 1974 Op. Att'y Gen. No. 74-128 (decided prior to 1983
amendment of § 21-2-219 and decided under former Code 1933, §§ 34-203, 34-204
and 34-621 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994,
p. 1443, § 3).
PRIVACY ACT OF 1974
(5 U.S.C. § 552A NOTE) did not alter the powers conferred or obligations
imposed by former Code 1933, § 34-621 (see now O.C.G.A. § 21-2-232). 1976 Op.
Att'y Gen. No. 76-6 (decided under former Code 1933, §§ 34-203, 34-204 and
34-621 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p.
1443, § 3).
AM. JUR. 2D. --
25 Am. Jur. 2d, Elections, § 179.
C.J.S. --
29 C.J.S., Elections, § 75 et seq.
ALR. --
Governing law as to existence or character of offense for
which one has been convicted in a federal court, or court of another state, as
bearing upon disqualification to vote, hold office, practice profession, sit on
jury, or the like, 175 A.L.R. 784.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-228
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 6. REGISTRATION OF VOTERS
§ 21-2-228. Examination of electors' qualifications;
subpoenas; notice and hearing; right of appeal
(a) The board of registrars of each
county or municipality shall have the right and shall be charged with the duty
of examining from time to time the qualifications of each elector of the county
or municipality whose name is entered upon the list of electors and shall not
be limited or estopped by any action previously taken.
(b) For the purpose of determining the
qualification or disqualification of applicants and electors, the board of
registrars may, upon at least three days' notice, require the production of
books, papers, and other material and, upon like notice, may subpoena
witnesses. The board may swear any witness appearing before it. If the
registrars shall differ among themselves upon any question coming before them,
the concurrent votes of a majority of the registrars shall control.
(c) The sheriff, any deputy sheriff, or
any lawful constable of such county or peace officer of such municipality shall
serve all summonses, notices, and subpoenas issued by such registrars and
placed in the hands of any such official. Such official shall receive such
compensation as is provided for like services in the superior court. In case of
the refusal of any person subpoenaed to attend or testify, such fact shall be
reported immediately by the registrars to the appropriate superior court, or to
a judge thereof, and such court or judge shall order such witness to attend and
testify; and, on failure or refusal to obey such order, such witness shall be
dealt with as for contempt. Any witness so subpoenaed, and after attending,
shall be allowed and paid the same mileage and fee as allowed and paid
witnesses in civil actions in the superior court.
(d) If the right of any person to remain
on the list of electors is questioned by the registrars, they shall give such
person at least three days' written notice of the date, time, and place of a
hearing to determine such right which shall be served upon such person either
by first-class mail addressed to the mailing address shown on the person's
voter registration records or in the manner provided in subsection (c) of this
Code section for other notices.
(e) If, after conducting a hearing, the
registrars find that the elector is not qualified to remain on the list of
electors, the registrars shall remove the name of such elector from the list of
electors. The elector shall be notified of such decision in writing either by
first-class mail addressed to the mailing address shown on the person's voter
registration records or in the manner provided in subsection (c) of this Code
section for other notices.
(f) An elector whose name is removed
from the list of electors in accordance with this Code section shall have a
right of appeal of such decision to the superior court of the county by filing
a petition with the clerk of the superior court within ten days after the date
of the decision of the registrars. A copy of such petition shall be served upon
the registrars. Unless and until the decision of the registrars is reversed by
the court, the decision of the registrars shall stand.
Code
1981, § 21-2-228, enacted by Ga. L. 1994, p. 1443, § 3; Ga. L. 1997, p. 590, §
24; Ga. L. 1998, p. 295, § 1.
EDITOR'S NOTES. --
In light of the similarity of the statutory provisions,
opinions under former Code 1933, § 34-617 and former Code Sections 21-2-225 and
21-2-236 are included in the annotations for this Code section.
JUDICIAL DECISIONS
APPELLATE JURISDICTION.
--Without a clear connection to a specific election, a challenge to a voter's
qualifications brought under O.C.G.A. § 21-2-228 or O.C.G.A. § 21-2-229 does
not come within the jurisdiction of the Supreme Court of Georgia over
"cases of election contest," Ga. Const. 1983, Art. VI, Sec. VI, Para.
II (2). To the extent that Jarrard v. Clayton County Bd. of Registrars, 425
S.E.2d 874 (1992), was decided as an election contest, it was overruled. Cook
v. Board of Registrars, 291 Ga. 67, 727 S.E.2d 478 (2012).
Research
References & Practice Aids
CROSS REFERENCES. --
Method of appeal from registration decisions, Ga. Const.
1983, Art. II, Sec. II, Para. I.
OPINIONS OF THE ATTORNEY
GENERAL
REMOVAL OF NAME
BASED ON RECEIPT OF RETURNED NOTICE. --A registrar is not authorized to remove
a person's name from the list of electors based on the registrar's receipt of a
returned letter notifying such person of a hearing under former § 21-2-225. 1982
Op. Att'y Gen. No. 82-23 (decided under former Code Section 21-2-225 as it read
prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, § 3).
Although a
registrar may well question voter eligibility based solely on returned mail
from the voter's address of record, it is imperative that all reasonable
measures be taken to maximize the possibility of receipt by the elector of the
notice of hearing, e.g., mail forwarding. 1982 Op. Att'y Gen. No. 82-23
(decided under former Code Section 21-2-225 as it read prior to the 1994 repeal
and reenactment by Ga. L. 1994, p. 1443, § 3).
PROCEDURE FOR
DISQUALIFICATION OF CONVICTED VOTER. --As the Election Code does not establish
a procedure for automatic disqualification of voters convicted of a crime
involving moral turpitude, it is suggested that written notice be given to the
elector as required by former Code 1933, § 34-617, or, if the list has already
been prepared, the voter should be called upon to show cause why the voter's
name should not be removed from the voters list. 1974 Op. Att'y Gen. No. 74-128
(decided prior to 1983 amendment of § 21-2-219; decided under former Code 1933,
§ 34-617 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p.
1443, § 3).
QUESTIONING OF RESIDENCE
OF ELECTOR PROPER. --Inasmuch as the law clearly states that an elector be
registered in the election district in which the elector resides, it would be
proper for the board of registrars to question the qualifications of any
elector whom the board believes to be residing outside the district in which
such person is registered. 1968 Op. Att'y Gen. No. 68-220 (decided under former
Code 1933, §§ 34-408, 34-603, 34-604 and 34-627 as it read prior to the 1994
repeal and reenactment by Ga. L. 1994, p. 1443, § 3).
PERSON WHO MOVES
AWAY from a county and makes a home elsewhere forfeits the right to vote in
that county. 1965-66 Op. Att'y Gen. No. 65-56 (decided under former Code 1933,
§§ 34-408, 34-602, 34-603, 34-604, and 34-627 as it read prior to the 1994
repeal and reenactment by Ga. L. 1994, p. 1443, § 3).
BOARD OF REGISTRARS
HAS THE RIGHT AND DUTY TO MAKE CHANGES IN ITS RECORDS if it learns from voters'
certificates of changes of names or addresses of voters. 1970 Op. Att'y Gen.
No. U70-12 (decided under former Code 1933, §§ 34-408, 34-602, 34-603, 34-604,
and 34-627 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994,
p. 1443, § 3).
DELIVERY OF ABSENTEE
BALLOT AWAITING COMPLETION OF PROCEEDINGS. --Where the registration card
corresponding to an otherwise proper application for an absentee ballot is
signed but is otherwise incomplete in some respect, until the completion of
proceedings in accordance with former Code 1933, §§ 34-408, 34-602, 34-603,
34-604, and 34-627, the registrar may not refuse to deliver the absentee ballot
unless the absence of information sought by the registration card on file gives
rise to a question as to the applicant's identity. 1976 Op. Att'y Gen. No. 76-2
(decided under former Code 1933, §§ 34-408, 34-602, 34-603, 34-604, and 34-627
as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p. 1443, §
3).
REVIEW OF DECISION
TO REMOVE NAME OF ELECTOR FROM LIST. --An elector whose name has been removed
from the list of electors upon a challenge by a board of registrars after an
administrative hearing is entitled to have that decision reviewed by a superior
court. 1992 Op. Att'y Gen. No. 92-16 (decided under former Code Section
21-2-236 as it read prior to the 1994 repeal and reenactment by Ga. L. 1994, p.
1443, § 3).
AM. JUR. 2D. --
25 Am. Jur. 2d, Elections, § 174 et seq.
C.J.S. --
29 C.J.S., Elections, §§ 69, 70 et seq.
ALR. --
Nonregistration as affecting legality of votes cast by
persons otherwise qualified, 101 A.L.R. 657.
Constitutionality
of voter participation provisions for primary elections, 120 A.L.R.5th
125.
Validity of
statute requiring proof and disclosure of information as condition of
registration to vote, 48 A.L.R.6th 181.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-227
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 6. REGISTRATION OF VOTERS
§ 21-2-227. Duty of registrars to furnish list of electors
for elections held in governmental subdivisions
Whenever
the authority of a governmental subdivision within a county who is charged with
the responsibility of holding elections shall request the board of registrars
of the county to furnish a list of electors qualified to vote in the election
involved and residing within the limits of such subdivision, it shall be the
duty of the board of registrars to prepare promptly and furnish such a list at
no charge.
Code 1981, § 21-2-227, enacted by Ga. L. 1994, p. 1443, § 3; Ga. L. 1997, p. 590, § 23; Ga. L. 1998, p. 295, § 1.
Research References & Practice Aids
AM. JUR. 2D. --
25 Am. Jur. 2d, Elections, § 177 et seq.
C.J.S. --
29 C.J.S., Elections, §§ 59, 75 et seq.
ALR. --
Remedy and procedure for purging voters' registration lists, 96 A.L.R. 1035.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-229
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 6. REGISTRATION OF VOTERS
§ 21-2-229. Challenge of applicant for registration by other
electors; notice and hearing; right of appeal
(a) Any elector of a county or
municipality may challenge the qualifications of any person applying to
register to vote in the county or municipality and may challenge the
qualifications of any elector of the county or municipality whose name appears
on the list of electors. Such challenges shall be in writing and shall specify
distinctly the grounds of the challenge.
(b) Upon such challenge being filed with
the board of registrars, the registrars shall set a hearing on such challenge.
Notice of the date, time, and place of the hearing shall be served upon the
person whose qualifications are being challenged along with a copy of such
challenge and upon the elector making the challenge. The person being
challenged shall receive at least three days' notice of the date, time, and
place of the hearing. Such notice shall be served either by first-class mail
addressed to the mailing address shown on the person's voter registration
records or in the manner provided in subsection (c) of Code Section 21-2-228.
(c) The burden shall be on the elector
making the challenge to prove that the person being challenged is not qualified
to remain on the list of electors. The board of registrars shall have the
authority to issue subpoenas for the attendance of witnesses and the production
of books, papers, and other material upon application by the person whose
qualifications are being challenged or the elector making the challenge. The
party requesting such subpoenas shall be responsible to serve such subpoenas
and, if necessary, to enforce the subpoenas by application to the superior
court. Any witness so subpoenaed, and after attending, shall be allowed and
paid the same mileage and fee as allowed and paid witnesses in civil actions in
the superior court.
(d) After the hearing provided for in
this Code section, the registrars shall determine said challenge and shall
notify the parties of their decision. If the registrars uphold the challenge,
the person's application for registration shall be rejected or the person's name
removed from the list of electors, as appropriate. The elector shall be
notified of such decision in writing either by first-class mail addressed to
the mailing address shown on the person's voter registration records or in the
manner provided in subsection (c) of Code Section 21-2-228 for other
notices.
(e) Either party shall have a right of
appeal from the decision of the registrars to the superior court by filing a
petition with the clerk of the superior court within ten days after the date of
the decision of the registrars. A copy of such petition shall be served upon
the other parties and the registrars. Unless and until the decision of the
registrars is reversed by the court, the decision of the registrars shall
stand.
Code
1981, § 21-2-229, enacted by Ga. L. 1994, p. 1443, § 3; Ga. L. 1997, p. 590, §
25; Ga. L. 1998, p. 295, § 1.
JUDICIAL DECISIONS
APPELLATE
JURISDICTION. --Without a clear connection to a specific election, a challenge
to a voter's qualifications brought under O.C.G.A. § 21-2-228 or O.C.G.A. §
21-2-229 does not come within the jurisdiction of the Supreme Court of Georgia
over "cases of election contest," Ga. Const. 1983, Art. VI, Sec. VI,
Para. II (2). To the extent that Jarrard v. Clayton County Bd. of Registrars,
425 S.E.2d 874 (1992), was decided as an election contest, it was overruled.
Cook v. Board of Registrars, 291 Ga. 67, 727 S.E.2d 478 (2012).
Research
References & Practice Aids
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-235
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 6. REGISTRATION OF VOTERS
§ 21-2-235. Inactive list of electors
(a) In addition to the official list of
electors, the Secretary of State shall also maintain an inactive list of
electors. Notwithstanding any other provision of law to the contrary, the names
of electors on the inactive list of electors shall not be counted in computing
the number of ballots required for an election, the number of voting devices
needed for a precinct, the number of electors required to divide or constitute
a precinct, or the number of signatures needed on any petition. However, any
elector whose name appears on the inactive list shall be eligible to sign a
petition and such petition signature, if valid and regardless of the validity
of the petition as a whole, shall be sufficient to return the elector to the
official list of electors if the elector still resides at the address listed on
the elector's registration records and shall be grounds to proceed under Code
Section 21-2-234 to confirm the change of address of the elector if the elector
provides a different address from the address which appears on the elector's
registration records.
(b) An elector placed on the inactive
list of electors shall remain on such list until the day after the second
November general election held after the elector is placed on the inactive list
of electors. If the elector makes no contact, as defined in Code Section
21-2-234, during that period, the elector shall be removed from the inactive
list of electors. Not less than 30 nor more than 60 days prior to the date on
which the elector is to be removed from the inactive list of electors, the
board of registrars shall mail a notice to the address on the elector's
registration record.
(c) An elector whose name is on the
inactive list of electors may vote:
(1) If the elector has not changed
residences, at the polling place of such elector's last address upon affirming
in writing that such elector still resides at the address shown on such
elector's registration records;
(2) If the elector has moved to an
address within the county in the same precinct, such elector may vote at the
polling place of such elector's last address upon affirming in writing that
such elector resides in the county by completing a change of address card
affirming the new address within the county; or
(3) If the elector has moved to an
address within the county or municipality in a different precinct, such elector
may vote at the polling place of such elector's last address, for that election
and any runoffs resulting from such election only, upon affirming in writing
that such elector still resides in the county or municipality and completing a
change of address card affirming the new address within the county or
municipality.
(d) If an elector whose name appears on
the inactive list of electors appears at the polls and votes as provided under
subsection (c) of this Code section, the board of registrars shall transfer the
elector's name back to the official list of electors and shall make any
necessary corrections in the elector's registration records.
(e) In addition to the official list of
electors provided to each polling place, there shall also be provided an
inactive list of electors.
Code
1981, § 21-2-235, enacted by Ga. L. 1994, p. 1443, § 3; Ga. L. 1995, p. 8, § 1;
Ga. L. 1997, p. 649, § 3; Ga. L. 1998, p. 295, § 1; Ga. L. 2003, p. 517, §
24; Ga. L. 2010, p. 914, § 13/HB
540; Ga. L. 2019, p. 7, § 12/HB 316.
THE 2019 AMENDMENT,
effective April 2, 2019, added the third sentence of subsection (b).
EDITOR'S NOTES. --
In light of the similarity of the statutory provisions,
opinions under former Code 1933, §§ 34-633 and 34-1101 and Code Section
21-2-242 are included in the annotations for this Code section.
Research
References & Practice Aids
CROSS REFERENCES. --
Opening of public records to inspection by members of public
generally, § 50-18-70.
OPINIONS OF THE ATTORNEY
GENERAL
BOARD OF REGISTRARS
COULD SELL SURPLUS VOTERS' LISTS. 1971 Op. Att'y Gen. No. U71-140 (decided under
former Code 1933, §§ 34-633 and 34-1101 as it read prior to the 1994 repeal and
reenactment by Ga. L. 1994, p. 1443, § 3).
ACCESS TO
INFORMATION ON ELECTORS. --The names, addresses, and ZIP codes of electors must
be furnished upon request for the fees set forth in former § 21-2-234. Any
additional identifying information as may be collected and maintained must be
made available for inspection and copying and a reasonable fee may be charged
for expenses incurred or copies furnished. 1984 Op. Att'y Gen. No. 84-39
(decided under former Code Section 21-2-242 as it read prior to the 1994 repeal
and reenactment by Ga. L. 1994, p. 1443, § 3).
C.J.S. --
29 C.J.S., Elections, § 80.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-234
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 6. REGISTRATION OF VOTERS
§ 21-2-234. Electors who have failed to vote and with whom
there has been no contact in three years; confirmation notice requirements
andprocedure; time for completion of list maintenance activities
(1) As used in this Code section and
Code Section 21-2-235, the term "no contact" shall mean that the
elector has not filed an updated voter registration card, has not filed a
change of name or address, has not signed a petition which is required by law
to be verified by the election superintendent of a county or municipality or
the Secretary of State, has not signed a voter's certificate, has not submitted
an absentee ballot application or voted an absentee ballot, and has not
confirmed the elector's continuation at the same address during the preceding five
calendar years.
(2) In the first six months of each
odd-numbered year, the Secretary of State shall identify all electors whose
names appear on the list of electors with whom there has been no contact during
the preceding five calendar years and who were not identified as changing
addresses under Code Section 21-2-233. The confirmation notice described in
this Code section shall be sent to each such elector during each odd-numbered
year. Such notices shall be sent by forwardable, first-class mail.
(b) When mailings to electors whose
names appear on the list of electors, including, but not limited to,
acknowledgments under Code Section 21-2-226, are returned undeliverable by the
United States Postal Service, the confirmation notice described in this Code
section shall be sent to such electors.
(c) The confirmation notice shall be a
postage prepaid, preaddressed return card on which an elector may state such
elector's current address and which also includes a notice which states
substantially the following:
(1) If the elector has not changed
addresses or has changed addresses within the county or municipality in which
the elector is currently registered, the elector must return the card with the
updated information, if any, within 30 days after the date of the notice;
and
(2) If the card is not returned within
30 days after the date of the notice, the elector's name shall be transferred
to the inactive list of electors provided for in Code Section 21-2-235.
(d) If the elector returns the card and
shows that he or she has changed residence to a place outside of the State of
Georgia, the elector's name shall be removed from the appropriate list of
electors. If the elector confirms his or her change of address to an address
outside of the boundaries of the county or municipality in which the elector is
currently registered, but still within the State of Georgia, the elector's
registration shall be transferred to the new county or municipality. The
Secretary of State or the registrars shall forward the confirmation card to the
registrars of the county in which the elector's new address is located, and the
registrars of the county of the new address shall update the voter registration
list to reflect the change of address.
(e) If the elector returns the card and
states that the elector has changed residences within the county or
municipality in which the elector is currently registered, the elector shall
remain on the list of electors, the registration records shall be corrected to
reflect such new address, and a new voter identification card shall be issued
pursuant to Code Section 21-2-226.
(f) If such elector returns the card and
confirms that such elector continues to reside at the current address at which
such elector is registered, the fact of such confirmation shall be recorded and
the elector shall remain on the list of electors.
(g) If the elector fails to return the
card within 30 days after the date of the notice, the elector shall be
transferred to the inactive list provided for in Code Section 21-2-235.
(h) Nothing in this Code section shall
prevent the removal from the list of electors of an elector for ineligibility
to vote.
(i) List maintenance activities pursuant
to this Code section and Code Section 21-2-233 shall be completed not later
than 90 days prior to a general primary or general election for federal offices
or a presidential preference primary. This subsection shall not apply to
notices sent pursuant to subsection (b) of this Code section.
Code
1981, § 21-2-234, enacted by Ga. L. 1994, p. 1443, § 3; Ga. L. 1995, p. 8, § 1;
Ga. L. 1996, p. 26, § 1; Ga. L. 1997, p. 649, § 2; Ga. L. 1998, p. 295, §
1; Ga. L. 2017, p. 697, § 12/HB 268; Ga. L. 2019, p. 7, § 11/HB 316.
THE 2017 AMENDMENT,
effective July 1, 2017, substituted the present provisions of subsection (d)
for the former provisions, which read: "If the elector returns the card
and shows that he or she has changed residence to a place outside of the
boundaries of the county or municipality in which the elector is currently
registered, the elector's name shall be removed from the appropriate list of
electors and information shall be sent to the elector explaining how the
elector can continue to be eligible to vote.".
THE 2019 AMENDMENT,
effective April 2, 2019, substituted "five" for "three"
near the end of paragraph (a)(1) and in the first sentence of paragraph (a)(2)
and inserted "has not submitted an absentee ballot application or voted an
absentee ballot," in the middle of paragraph (a)(1).
Research
References & Practice Aids
LAW REVIEWS. --
For article, "Black and White Make Gray: Common Cause
v. Kemp, What's the Trigger for Purging Voters?," see 69 Mercer L. Rev.
947 (2018).For article on the 2019 amendment of this Code section, see 36 Ga.
St. U.L. Rev. 81 (2019).
Hierarchy Notes:
Title Note
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OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-233
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 6. REGISTRATION OF VOTERS
§ 21-2-233. Comparison of change of address information
supplied by United States Postal Service with electors list; removal from list
ofelectors; notice to electors
(a) The Secretary of State is authorized
to cause at his or her discretion the official list of electors to be compared
to the change of address information supplied by the United States Postal
Service through its licensees periodically for the purpose of identifying those
electors whose addresses have changed.
(b) If it appears from the change of
address information supplied by the licensees of the United States Postal
Service that an elector whose name appears on the official list of electors has
moved to a different address in the county in which the elector is presently
registered, the list of electors shall be changed to reflect the new address
and the elector shall be sent a notice of the change by forwardable mail at the
elector's old address with a postage prepaid, preaddressed return form by which
the elector may verify or correct the address information. The registrars may
also send a notice of the change by forwardable mail to the elector's new
address with a postage prepaid, preaddressed return form by which the elector
may verify or correct the address information.
(c) If it appears from the change of
address information supplied by the licensees of the United States Postal
Service that an elector whose name appears on the official list of electors has
moved to a different address outside of the boundaries of the county or
municipality in which the elector is presently registered, such elector shall
be sent a confirmation notice as provided in Code Section 21-2-234 at the old
address of the elector. The registrars may also send a confirmation notice to
the elector's new address. If the elector confirms the change of address to an
address outside of the State of Georgia, the elector's name shall be removed
from the appropriate list of electors. If the elector confirms the change of
address to an address outside of the boundaries of the county or municipality
in which the elector is presently registered, but still within the State of
Georgia, the elector's registration shall be transferred to the new county or
municipality. The Secretary of State or the registrars shall forward the
confirmation card to the registrars of the county in which the elector's new
address is located and the registrars of the county of the new address shall
update the voter registration list to reflect the change of address. If the
elector responds to the notice and affirms that the elector has not moved, the
elector shall remain on the list of electors at the elector's current address.
If the elector fails to respond to the notice within 30 days after the date of
the notice, the elector shall be transferred to the inactive list provided for
in Code Section 21-2-235.
(d) Whenever an elector's name is
removed from the list of electors by the county registrars because the elector
has furnished in writing to the registrar a residence address that is located
outside of the State of Georgia, the registrars shall notify the elector in
writing at the elector's new address that the elector's name is being deleted
from the list of electors.
(e) Nothing in this Code section shall
prevent the removal from the list of electors of an elector for ineligibility
to vote.
Code
1981, § 21-2-233, enacted by Ga. L. 1994, p. 1443, § 3; Ga. L. 1996, p. 145, §
10; Ga. L. 1998, p. 295, § 1; Ga. L. 2001, p. 240, § 19; Ga. L. 2003, p. 517, §
23; Ga. L. 2005, p. 253, § 29/HB
244; Ga. L. 2012, p. 995, § 20/SB
92; Ga. L. 2017, p. 697, § 11/HB 268.
THE 2017 AMENDMENT,
effective July 1, 2017, deleted the former second and third sentences of
subsection (d), which read: "Whenever an elector's registration is
transferred by the county registrars to another county in this state because
the elector has furnished in writing to the registrar a residence address that
is located in this state outside of the elector's present county of
registration in accordance with subsection (c) of this Code section, the
registrars of the county of the elector's former residence shall notify the
elector in writing at the elector's new address that the elector's registration
is being transferred to the new address. The registrars of the county of the
elector's new address shall provide the elector with a new registration card
pursuant to Code Section 21-2-226."
Research
References & Practice Aids
Hierarchy Notes:
Title Note
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Hierarchy Notes:
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OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-232
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 6. REGISTRATION OF VOTERS
§ 21-2-232. Removal of elector's name from list of electors
(a) An elector may request to have such
elector's name removed from the list of electors by making a written request to
the registrars of such elector's county of residence. Upon receipt of such
request, the registrars shall remove such elector's name from the list of
electors and shall confirm such removal by written notice by first-class mail
sent to the address on the elector's registration records.
(1) When an elector of this state moves
to another state and registers to vote and the registration officials in such
state send a notice of cancellation reflecting the registration of the elector
in the other state, which includes a copy of such elector's voter registration
application bearing the elector's signature, the Secretary of State or the
board of registrars, as the case may be, shall remove such elector's name from
the list of electors. It shall not be necessary to send a confirmation notice
to the elector in such circumstances.
(2) When an elector of this state moves
to another state and the registration officials in such other state or a
nongovernmental entity as described in subsection (d) of Code Section 21-2-225
sends a notice of cancellation or other information indicating that the elector
has moved to such state but such notice or information does not include a copy
of such elector's voter registration application in such other state bearing
the elector's signature, the Secretary of State or the board of registrars, as
the case may be, shall send a confirmation notice to the elector as provided in
Code Section 21-2-234.
Code
1981, § 21-2-232, enacted by Ga. L. 1994, p. 1443, § 3; Ga. L. 1998, p. 295, §
1; Ga. L. 2019, p. 7, § 10/HB 316.
THE 2019 AMENDMENT,
effective April 2, 2019, substituted the present provisions of subsection (b)
for the former provisions, which read: "When an elector of this state
moves to another county or state and registers to vote and the registration
officials send a notice of cancellation reflecting the registration of the
elector in the other county or state, the Secretary of State or the board of
registrars, as the case may be, shall remove such elector's name from the list
of electors. It shall not be necessary to send a confirmation notice to the
elector in such circumstances."; and added paragraph (b)(2).
Research
References & Practice Aids
LAW REVIEWS. --
For article on the 2019 amendment of this Code section, see
36 Ga. St. U.L. Rev. 81 (2019).
ALR. --
Validity of statute providing for purging voter registration
lists of inactive voters, 51 A.L.R.6th 287.
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OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-236
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 6. REGISTRATION OF VOTERS
§ 21-2-236. Periods of retention of registration cards,
applications, and records of list maintenance activities; rules and regulations
regarding safekeeping and maintenance of electronic records
(a) The voter registration cards of
electors whose names appear on either the official list of electors or the list
of inactive electors shall be retained on file as long as the elector remains
on such lists and for a period of two years following the removal from the
lists; provided, however, that an original voter registration card may be
destroyed if an image of the face of the card is stored electronically.
(b) The registration applications of
persons whose applications were rejected and all related material and records,
or electronic facsimiles thereof, shall be retained on file for a period of two
years after the date of the rejection.
(c) All records concerning list
maintenance activities under Code Sections 21-2-233 and 21-2-234 shall be
maintained for a period of two years and shall be available for public
inspection and copying, except to the extent that such records relate to a
declination to register to vote or to the identity of a voter registration
agency through which any particular elector is registered. Such records shall
contain the name and address of all electors to whom confirmation notices are
sent and information concerning whether each such elector has responded to such
notice.
(d) The State Election Board shall adopt
rules and regulations regarding the safekeeping and maintenance of electronic
records of voter registration records maintained under this Code section.
Code
1981, § 21-2-236, enacted by Ga. L. 1994, p. 1443, § 3; Ga. L. 1998, p. 295, §
1; Ga. L. 2012, p. 995, § 21/SB 92.
Research
References & Practice Aids
CROSS REFERENCES. --
Maintenance and disposition of public records generally, §
50-18-90 et seq.
AM. JUR. 2D. --
25 Am. Jur. 2d, Elections, § 174 et seq.
C.J.S. --
29 C.J.S., Elections, § 69.
Hierarchy Notes:
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OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-260
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 7. PRECINCTS AND POLLING PLACES
§ 21-2-260. Designation of precincts
(a) Each election district existing as
of December 31, 1982, shall constitute a separate precinct until and unless
changed as provided in this article.
(b) The governing authority of each
municipality shall determine and establish the number and boundaries of
municipal voting precincts in accordance with the provisions of this article.
Insofar as practicable, the precincts shall be the same as those for state and
county elections.
Orig.
Code 1863, § 1231; Code 1868, § 1312; Code 1873, § 1285; Code 1882, § 1285; Ga.
L. 1893, p. 29, § 1; Civil Code 1895, § 69; Civil Code 1910, § 79; Code 1933, §
34-1301; Code 1933, § 34-701, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1;
Ga. L. 1982, p. 1512, § 2; Ga. L. 1998, p. 295, § 1.
EDITOR'S NOTES. --
In light of the similarity of the statutory provisions,
opinions under former Code 1933, § 34A-601 are included in the annotations for
this Code section.
Research
References & Practice Aids
CROSS REFERENCES. --
Further provisions regarding authority of municipalities to
reapportion election districts, § 36-35-4.1.
OPINIONS OF THE ATTORNEY
GENERAL
IF COUNCIL MEMBERS
ELECTED BY WARDS, EACH WARD SHOULD BE SEPARATE ELECTION DISTRICT (NOW
PRECINCT). --If a municipality requires that each of its council members be
elected from a different ward and the candidates are elected by the electors
residing in that ward, each ward should be a separate election district (now
precinct). 1969 Op. Att'y Gen. No. 69-399 (decided under former Code 1933, §
34A-601).
AM. JUR. 2D. --
25 Am. Jur. 2d, Elections, § 8.
C.J.S. --
29 C.J.S., Elections, § 81 et seq.
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OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. TITLE 21 Chapter 2 Article 7
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 7. PRECINCTS AND POLLING PLACES
TITLE 21 Chapter 2 Article 7 NOTE
ARTICLE NOTES
OPINIONS OF THE ATTORNEY GENERAL
IMPLEMENTATION OF VOTING PRECINCT BOUNDARY CHANGES. --With respect to counties having a population of 250,000 or less according to the United States Decennial Census of 1970 or any such future census, it is the superintendent who implements the voting precinct boundary changes set forth in O.C.G.A. § 21-2-260 et seq., notwithstanding any local Act establishing the governing authority as the entity implementing such changes. 1983 Op. Att'y Gen. No. 83-40.
Research References & Practice Aids
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Hierarchy Notes:
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OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-261
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 7. PRECINCTS AND POLLING PLACES
§ 21-2-261. Change in boundaries of precinct; creation of
new precincts
(a) The superintendent of a county or
the governing authority of a municipality may, as provided in Code Section
21-2-262, divide or redivide any precinct in that county or municipality into
two or more precincts of compact and contiguous territory, or alter the bounds
of any precinct in that county or municipality, or form a precinct out of two
or more adjoining precincts or parts of precincts in that county or
municipality, or consolidate adjoining precincts in that county or
municipality, so as to suit the convenience of the electors and to promote the
public interests.
(b) No new precinct shall be formed that
shall contain less than 100 electors.
(c) The bounds of a precinct shall not
be altered on a day in which a primary or election is held, or during the
period of 60 days prior to any general primary or election, or during the
period of 30 days prior to any special primary or election. The superintendent
of a county or the governing authority of a municipality shall promptly notify
the board of registrars of any change in the bounds of precincts.
(d) Any precinct established or altered
under the provisions of this article must conform with the requirements of
subsection (a) of Code Section 21-2-261.1.
Code
1933, § 34-702, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1982, p.
1512, § 2; Ga. L. 1996, p. 145, § 11; Ga. L. 1998, p. 295, § 1.
JUDICIAL DECISIONS
EDITOR'S NOTES. --In
light of the similarity of the statutory provisions, decisions under former
Code 1933 § 34A-602 are included in the annotations for this Code section.
TIME LIMIT
PROVISIONS FOR ALTERING ELECTION PRECINCT BOUNDARIES. --It is only where the
governing authority of the municipality seeks to alter the bounds of municipal
election districts (now precincts) that the 30-day and 60-day time limit
provisions of former Code 1933, § 34A-602 are triggered. Wall v. Board of
Elections, 242 Ga. 566, 250 S.E.2d 408 (1978) (decided under former Code 1933,
§ 34A-602).
Research
References & Practice Aids
CROSS REFERENCES. --
Further provisions regarding authority of municipalities to
reapportion election districts, § 36-35-4.1.
ADMINISTRATIVE RULES AND
REGULATIONS. --
Precincts, changes in boundaries, notification of electors,
Official Compilation of the Rules and Regulations of the State of Georgia,
Georgia Election Code, Election Districts and Polling Places, § 183-1-7-.01.
AM. JUR. 2D. --
25 Am. Jur. 2d, Elections, § 8 et seq.
C.J.S. --
29 C.J.S., Elections, § 83.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
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OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-262
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 7. PRECINCTS AND POLLING PLACES
§ 21-2-262. Investigation as to division, redivision,
alteration, formation, or consolidation of precincts; petition of electors or
board of registrars
(a) The superintendent may upon his or
her own motion direct the board of registrars to investigate the division or
redivision of a precinct into two or more precincts, or the alteration of the
bounds of any precinct, or the formation of one or more precincts out of two or
more existing precincts or parts thereof or the consolidation of adjoining
precincts. The board of registrars shall make a full investigation of the facts
and shall promptly report to the superintendent its findings and
recommendations as to the division, redivision, alteration, formation, or
consolidation of the precincts. If the board of registrars shall find that a
division, redivision, alteration, formation, or consolidation of precincts will
promote the convenience of the electors and the public interests, it shall
recommend a proper division, redivision, alteration, formation, or
consolidation of precincts which conforms to the requirements of subsection (a)
of Code Section 21-2-261.1 and shall accompany its report with a map, plat, or draft
of the new election precinct or precincts proposed by it.
(a.1)Upon the petition
of 20 electors or of the county executive committee of a political party to the
superintendent of the county, praying for the division or redivision of a
precinct into two or more precincts, or for the alteration of the bounds of any
precinct, or for the formation of one or more precincts out of two or more
existing precincts or parts thereof, or for the consolidation of adjoining
precincts, the superintendent shall refer such petition to the board of
registrars, which shall make a full investigation of the facts and shall
promptly report to the superintendent its findings and recommendations as to
the division, redivision, alteration, formation, or consolidation of the precincts
prayed for. If the board of registrars shall find that a division, redivision,
alteration, formation, or consolidation of precincts will promote the
convenience of the electors and the public interests, it shall recommend a
proper division, redivision, alteration, formation, or consolidation of
precincts which conforms to the requirements of subsection (a) of Code Section
21-2-261.1 and shall accompany its report with a map, plat, or draft of the new
election precinct or precincts proposed by it. Such petitions may specify the
boundaries desired by the petitioners and may be accompanied by a map setting
forth such boundaries.
(b) The board of registrars may also
petition the superintendent for the division or redivision of any precinct into
two or more precincts, or for the alteration of the bounds of any precinct, or
for the formation of one or more precincts out of two or more existing
precincts or parts thereof, or for the consolidation of adjoining precincts,
accompanying its petition by a description of the proposed new precincts and by
a map, plat, or draft thereof.
(c) Upon the presentation of any such
petition by the board of registrars or upon the filing by the board of its
report and recommendations as to any investigation presented under subsection
(a) of this Code section, the superintendent may make such order for the
division, redivision, alteration, formation, or consolidation of precincts as
will, in the superintendent's opinion, promote the convenience of electors and
the public interests; provided, however, that the superintendent shall not make
any final order for the division, redivision, alteration, formation, or
consolidation of precincts until at least 30 days after notice of such change
shall have been advertised in the legal organ of the county. A copy of such
notice shall be immediately submitted to the Secretary of State. Such notice
shall state briefly the division, redivision, alteration, formation, or
consolidation of precincts recommended by the board of registrars and the date
upon which the same will be considered by the superintendent and shall contain
a warning that any person objecting thereto must file his or her objections
with the superintendent prior to such date. Upon the making of any such final
order by the superintendent, a copy thereof shall be certified by the
superintendent to the board of registrars.
(d) In any county having a population of
more than 250,000 according to the United States decennial census of 1970 or
any such future census, the powers and duties conferred upon the superintendent
by this Code section and Code Sections 21-2-261 and 21-2-261.1 shall be
exercised and performed by the governing authority of the county.
Code
1933, § 34-703, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1977, p.
1199, § 1; Ga. L. 1982, p. 3, § 21; Ga. L. 1982, p. 1512, § 2; Ga. L. 1987, p.
34, § 1; Ga. L. 1992, p. 56, § 1; Ga. L. 1994, p. 1406, § 20; Ga. L. 1996, p.
145, § 13; Ga. L. 1998, p. 295, § 1;
Ga. L. 2019, p. 7, § 13/HB 316.
THE 2019 AMENDMENT,
effective April 2, 2019, in subsection (c), substituted "30 days" for
"ten days" near the end of the first sentence and added the second
sentence.
Research
References & Practice Aids
ADMINISTRATIVE RULES AND
REGULATIONS. --
Precincts, changes in boundaries, notification of electors,
Official Compilation of the Rules and Regulations of the State of Georgia,
Georgia Election Code, Election Districts and Polling Places, §
183-1-7-.01.
LAW REVIEWS. --
For article on the 2019 amendment of this Code section, see
36 Ga. St. U.L. Rev. 81 (2019).
OPINIONS OF THE ATTORNEY
GENERAL
IMPLEMENTATION OF
CHANGES IN VOTING PRECINCTS IN COUNTIES WITH POPULATIONS LESS THAN 250,000.
--With respect to counties having a population of 250,000 or less according to
the United States Decennial Census of 1970 or any such future census, it is the
superintendent who implements the voting precinct boundary changes set forth in
O.C.G.A. § 21-2-260 et seq., notwithstanding any local Act establishing the
governing authority as the entity implementing such changes. 1983 Op. Att'y
Gen. No. 83-40.
AM. JUR. 2D. --
25 Am. Jur. 2d, Elections, §§ 8, 9.
C.J.S. --
29 C.J.S., Elections, § 81 et seq.
Hierarchy Notes:
Title Note
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OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-261.1
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 7. PRECINCTS AND POLLING PLACES
§ 21-2-261.1. Boundary requirements for precincts
(a) All voting precincts established or
altered under the provisions of this article shall consist of areas which are
bounded on all sides only by:
(1) Visible features which are readily
distinguishable upon the ground (such as streets, railroad tracks, streams,
lakes, and ridges) and which are indicated upon official Department of
Transportation maps, current census maps, city or county planning maps,
official municipal maps, official county maps, or any combination of such maps;
(2) The boundaries of public parks;
(3) The boundaries of public school
grounds;
(4) The
boundaries of churches;
(5) The
boundaries of counties and incorporated municipalities; or
(6) The
boundaries of restricted access residential communities.
(b) The superintendent of a county or
the governing authority of a municipality shall notify the board of registrars
within ten days after such changes are adopted.
(c) The superintendent of a county or
the governing authority of a municipality shall file with the Secretary of
State and the Legislative and Congressional Reapportionment Office:
(1) A map reflecting any changes in
precincts within 20 days after the changes are made;
(2) A copy of any communications to or
from the United States Department of Justice relating to any precincts within
20 days after such communication is sent or received;
(3) A copy of any pleading initiating a
court action potentially affecting any precincts within 30 days after it is
filed;
(4) A copy of any court order affecting
any precincts within 20 days after it is entered;
(5) For precincts that use the
boundaries of a restricted access residential community, a map clearly
delineating the boundaries of the community and clearly depicting the streets
contained within such community and a list of the streets within such community
and the address ranges of such streets; and
(6) Any other documentation necessary to
allow the Secretary of State to maintain a current listing of all precincts in
this state.
Code
1981, § 21-2-261.1, enacted by Ga. L. 1982, p. 1512, § 2; Ga. L. 1983, p. 140,
§ 1; Ga. L. 1984, p. 1, § 6; Ga. L. 1984, p. 133, § 1; Ga. L. 1993, p. 617, §
8; Ga. L. 1994, p. 1406, § 19; Ga. L. 1995, p. 8, § 1; Ga. L. 1996, p. 145, §
12; Ga. L. 1998, p. 295, § 1; Ga. L.
2013, p. 270, § 1/HB 87.
Research
References & Practice Aids
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OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-264
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 7. PRECINCTS AND POLLING PLACES
§ 21-2-264. Reimbursement of counties and municipalities for
costs incurred pursuant to alteration of precinct boundaries
In
all cases of the division, redivision, alteration, formation, or consolidation
of precincts, the costs of the proceedings shall be paid by the county or
municipal governing authority, as appropriate. There may be appropriated to the
Secretary of State funds to be granted to counties or municipalities for
purposes of meeting the requirements of Code Section 21-2-261.1. Upon the
filing of a written request by the election officials of any qualified county
or municipality, a qualified county or municipality shall be reimbursed for all
reasonable expenses incurred by such county or municipality which are directly
related to the redrawing of voting precinct boundaries, verification of voting
precinct residency, notification of voter precinct and polling place changes,
and compilation and preparation of the electors list as necessitated by Code
Section 21-2-261.1; provided, however, that such reimbursement of costs shall
not exceed 25 cent(s) per registered voter whose name appeared on such county's
or municipality's electors list as of January 1, 1982. Any qualified county or
municipality seeking reimbursement of such costs shall present an itemized
description of such costs to the Secretary of State. If the Secretary of State,
after a review of the report of such costs incurred by a county or
municipality, shall find that all or portions of such costs were reasonable and
were directly related to the preparation of such descriptions and lists, he or
she shall approve all of those parts of the costs deemed reasonable and shall
reimburse the counties or municipalities for such expenses. Any state funds
necessary to carry out the provisions of this Code section shall come only from
those funds appropriated to the Secretary of State specifically for the purpose
of implementing the provisions of Code Section 21-2-261.1. If such funds are
not sufficient to bear completely the cost of fully implementing the provisions
of Code Section 21-2-261.1, payment to the counties or municipalities seeking
assistance shall be made on a pro rata basis subject to the availability of
appropriated funds.
Ga. L. 1941, p. 321, § 1; Code 1933, § 34-704, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1982, p. 1512, § 2; Ga. L. 1983, p. 964, § 1; Ga. L. 1998, p. 145, § 1; Ga. L. 1998, p. 295, § 1; Ga. L. 2005, p. 253, § 30/HB 244; Ga. L. 2006, p. 69, § 1/SB 467.
Research References & Practice Aids
AM. JUR. 2D. --
25 Am. Jur. 2d, Elections, § 8.
C.J.S. --
29 C.J.S., Elections, §§ 81, 82.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-263
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 7. PRECINCTS AND POLLING PLACES
§ 21-2-263. Reduction in size of, or provision of additional
voting equipment or poll workers to, precincts containing more than 2,000
electors when voting in such precincts at previous general election not
completed one hour after closing of polls
If
at the previous general election a precinct contained more than 2,000 electors
and if all those electors desiring to vote had not completed voting one hour
following the closing of the polls, the superintendent shall either reduce the
size of said precinct so that it shall contain not more than 2,000 electors in
accordance with the procedures prescribed by this chapter for the division,
alteration, and consolidation of precincts no later than 60 days before the
next general election or provide additional voting equipment or poll workers or
both before the next general election. For administering this Code section, the
chief manager of a precinct which contained more than 2,000 electors at the
previous general election shall submit a report thereof, under oath, to the
superintendent as to the time required for completion of voting by all persons
in line at the time the polls were closed. Any such change in the boundaries of
a precinct shall conform with the requirements of subsection (a) of Code
Section 21-2-261.1.
Code 1933, § 34-704.1, enacted by Ga. L. 1968, p. 860, § 1; Ga. L. 1982, p. 1512, § 2; Ga. L. 1994, p. 1406, § 21; Ga. L. 1998, p. 295, § 1; Ga. L. 2011, p. 683, § 8/SB 82.
Research References & Practice Aids
AM. JUR. 2D. --
25 Am. Jur. 2d, Elections, § 8 et seq.
C.J.S. --
29 C.J.S., Elections, § 83.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-265
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 7. PRECINCTS AND POLLING PLACES
§ 21-2-265. Duty of superintendent to select polling places;
change; petition objecting to proposed change; space for political parties
holding primaries; facilities for disabled voters; selection of polling place
outside precinct to better serve voters; restriction on changing polling place
on or near dateof election
(a) The superintendent of a county or
the governing authority of a municipality shall select and fix the polling
place within each precinct and may, either on his, her, or its own motion or on
petition of ten electors of a precinct, change the polling place within any
precinct. Except in case of an emergency or unavoidable event occurring within
ten days of a primary or election, which emergency or event renders any polling
place unavailable for use at such primary or election, the superintendent of a
county or the governing authority of a municipality shall not change any
polling place until notice of the proposed change shall have been published for
once a week for two consecutive weeks in the legal organ for the county or
municipality in which the polling place is located. Additionally, on the first
election day following such change, a notice of such change shall be posted on
the previous polling place and at three other places in the immediate vicinity
thereof. The occupant or owner of the previous polling place, or his or her
agent, shall be notified in writing of such change at the time notice is
published in the legal organ.
(b) Except in case of an emergency or
unavoidable event occurring within ten days of a primary or election, which
emergency or event renders any polling place unavailable for use, if a petition
is presented to the superintendent of a county or the governing authority of a
municipality on or before the day set for hearing of the petition for change of
a polling place, signed by 20 percent of the electors of the precinct objecting
to the proposed change, such change shall not be ordered.
(c) In primaries, the superintendent of
a county or the governing authority of a municipality in selecting and fixing
the polling place in each precinct shall select a polling place which will
provide adequate space for all parties conducting their primaries therein.
(d) The superintendent of a county or
the governing authority of a municipality, in selecting and fixing a polling
place in each precinct, shall select, if practicable, a polling place with
suitable and appropriate access for disabled electors. If no such practicable
locations exist within the precinct, the superintendent of a county or the governing
authority of a municipality may effect temporary modifications to such existing
locations as will, in his or her or its judgment, provide more convenient and
appropriate access to the polling place by the disabled elector. No polling
place shall be selected or used under any circumstances which does not have
suitable and appropriate access for persons with disabilities for the purpose
of voting; and any person, whether or not personally aggrieved, may bring an
action for mandamus to require that all polling places in the county or
municipality have suitable and appropriate access for persons with disabilities
for the purpose of voting.
(e) On and after January 1, 2018, the
superintendent may establish the polling place for a precinct outside the boundaries
of the precinct if there is no suitable facility within the precinct which
could be used as a polling place and if, by so doing, such polling place would
better serve the needs of the voters; provided, however, that no polling place
shall be established outside of the boundaries of the precinct within 90 days
of a primary or election, and the superintendent shall submit a report to the
State Election Board to demonstrate that there is no suitable facility within
the precinct prior to establishing the polling place outside the boundaries of
the precinct.
(f) A polling place shall not be changed
on a day in which a primary, election, or runoff is held, or during the 60 day
period prior to any general primary or general election or runoff from such
primary or election, nor shall a polling place be changed in the 30 day period
prior to any special primary or special election or runoff from such special
primary or special election, except, in the discretion of the superintendent,
when an emergency or event occurs during such time period which renders the
polling place unavailable for use at such general primary, general election,
special primary, special election, or runoff.
Code
1933, § 34-705, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1969, p.
329, § 8; Ga. L. 1978, p. 812, § 1; Ga. L. 1980, p. 1256, § 1.1; Ga. L. 1982,
p. 1512, § 5; Ga. L. 1995, p. 1302, §§ 14, 15; Ga. L. 1996, p. 26, § 1; Ga. L.
1996, p. 101, § 2; Ga. L. 1998, p. 295, § 1; Ga. L. 1998, p. 1231, §§ 8, 32; Ga.
L. 2001, p. 240, § 20; Ga. L. 2006, p.
888, § 2/HB 1435; Ga. L. 2017, p. 697,
§ 13/HB 268; Ga. L. 2019, p. 7, § 14/HB
316.
THE 2017 AMENDMENT,
effective July 1, 2017, in subsection (e), substituted "On and after
January 1, 2018, the" for "The" at the beginning, and added the
proviso at the end.
THE 2019 AMENDMENT,
effective April 2, 2019, added subsection (f).
EDITOR'S NOTES. --
In light of the similarity of the statutory provisions,
opinions under former Code Section 21-3-163 are included in the annotations for
this Code section.
Research
References & Practice Aids
CROSS REFERENCES. --
Access to and use of public buildings and facilities by
physically handicapped persons generally, T. 30, C. 3.
ADMINISTRATIVE RULES AND
REGULATIONS. --
Accessibility for elderly and disabled voters, Official
Compilation of the Rules and Regulations of the State of Georgia, Georgia
Election Code, Registration of Electors, § 183-1-6-.04.
Precincts,
changes in boundaries, notification of electors, Official Compilation of the
Rules and Regulations of the State of Georgia, Georgia Election Code, Election
Districts and Polling Places, § 183-1-7-.01.
LAW REVIEWS. --
For article on the 2019 amendment of this Code section, see
36 Ga. St. U.L. Rev. 81 (2019).
OPINIONS OF THE ATTORNEY
GENERAL
MULTIPLE POLLING
PLACES WITHIN PRECINCT. --Two or more polling places within one election
district (now precinct) would not be authorized by the Georgia Election Code.
1968 Op. Att'y Gen. No. 68-63.
ESTABLISHMENT OF
POLLING PLACES. --The governing authority of a municipality is not required to
establish a polling place in each district from which a candidate is elected to
office, but must establish a polling place in each precinct in the
municipality. 1985 Op. Att'y Gen. No. U85-14 (decided under former §
21-3-163).
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, § 305.
C.J.S. --
29 C.J.S., Elections, §§ 147, 331.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-267
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 7. PRECINCTS AND POLLING PLACES
§ 21-2-267. Polling places -- Equipment; arrangement;
storage
(a) The governing authority of each
county and municipality shall provide and the superintendent shall cause all
rooms used as polling places to be provided with suitable heat and light and,
in precincts in which ballots are used, with a sufficient number of voting
compartments or booths with proper supplies in which the electors may
conveniently mark their ballots, with a curtain, screen, or door in the upper
part of the front of each compartment or booth so that in the marking thereof
they may be screened from the observation of others. A curtain, screen, or door
shall not be required, however, for the self-contained units used as voting
booths in which direct recording electronic (DRE) voting units or electronic
ballot markers are located if such booths have been designed so as to ensure
the privacy of the elector. When practicable, every polling place shall consist
of a single room, every part of which is within the unobstructed view of those
present therein and shall be furnished with a guardrail or barrier closing the
inner portion of such room, which guardrail or barrier shall be so constructed
and placed that only such persons as are inside such rail or barrier can
approach within six feet of the ballot box and voting compartments, or booths,
or voting machines, as the case may be. The ballot box and voting compartments
or booths shall be so arranged in the voting room within the enclosed space as
to be in full view of those persons in the room outside the guardrail or
barrier. The voting machine or machines shall be placed in the voting rooms
within the enclosed space so that, unless its construction shall otherwise
require, the ballot labels on the face of the machine can be plainly seen by
the poll officers when the machine is not occupied by an elector. In the case
of direct recording electronic (DRE) voting units or electronic ballot markers,
the devices shall be arranged in such a manner as to ensure the privacy of the
elector while voting on such devices, to allow monitoring of the devices by the
poll officers while the polls are open, and to permit the public to observe the
voting without affecting the privacy of the electors as they vote.
(b) The superintendent, unless otherwise
provided by law, may make such arrangements as he or she deems proper for the
storage of election equipment in the various precincts of the county or
municipality at such times of the year that it will not be used for election
purposes and may fix reasonable compensation therefor.
Ga.
L. 1922, p. 97, § 1; Code 1933, § 34-1902; Code 1933, § 34-708, enacted by Ga.
L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1978, p. 1004, § 14; Ga. L. 1982, p.
1512, § 5; Ga. L. 1983, p. 140, § 1; Ga. L. 1991, p. 999, § 1; Ga. L. 1998, p.
295, § 1; Ga. L. 2003, p. 517, § 25;
Ga. L. 2005, p. 253, § 31/HB 244;
Ga. L. 2019, p. 7, § 15/HB 316.
THE 2019 AMENDMENT,
effective April 2, 2019, in subsection (a), inserted "or electronic ballot
markers" in the middle of the second sentence and near the middle of the
last sentence, and substituted "devices" for "units" three
times in the last sentence.
JUDICIAL DECISIONS
VIOLATION RENDERS
ELECTION VOID. --Violations of statutory requirements, including the
requirement of this section that the voting booths have a screen, curtain, or
door render an election void. Cox v. Williams, 216 Ga. 535, 117 S.E.2d 899
(1961).
Research
References & Practice Aids
ADMINISTRATIVE RULES AND
REGULATIONS. --
Accessibility for elderly and disabled voters, Official
Compilation of the Rules and Regulations of the State of Georgia, Georgia
Election Code, Registration of Electors, § 183-1-6-.04.
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, § 307.
C.J.S. --
29 C.J.S., Elections, §§ 331, 337, 338.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-266
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 7. PRECINCTS AND POLLING PLACES
§ 21-2-266. Polling places -- Use of public buildings; use
of portable or movable facilities; unrestricted access to residential
communities
(a) In selecting polling places, the
superintendent of a county or the governing authority of a municipality shall
select, wherever practicable and consistent with subsection (d) of Code Section
21-2-265, schoolhouses, municipal buildings or rooms, or other public buildings
for that purpose. In selecting polling places, the superintendent of a county
or the governing authority of a municipality shall give consideration to the
comfort and convenience those places to be selected will provide to both
electors and poll officers. School, county, municipal, or other governmental
authorities, upon request of the superintendent of a county or the governing
authority of a municipality, shall make arrangements for the use of their
property for polling places; provided, however, that such use shall not
substantially interfere with the use of such property for the purposes for
which it is primarily intended.
(b) The superintendent of a county or
the governing authority of a municipality shall have discretion to procure and
provide portable or movable polling facilities of adequate size for any
precinct.
(c) When the boundaries of a restricted
access residential community are used as the boundaries for a precinct and a
polling place is established within such restricted access residential
community for the use of the voters in such precinct, such restricted access
community and polling place shall be open to full and complete access by the
public when such polling place is in use on the day of a general or special primary
or general or special election, including the time while poll officers are
setting up the polling place prior to the opening of the polls, the time while
the polls are open, and the time while the poll officers are completing the
tabulation of the votes, election paperwork, and similar functions after the
close of the polls. Such restricted access community and polling place shall
also be open to full and complete access by the election superintendent,
investigators of the State Election Board, all affected candidates and their
representatives, and the public in the event of a recount or recanvass of the
votes cast in any primary or election involving such precinct and polling place
conducted at such precinct and polling place. In addition, in the event of a
contest or challenge to the results of any primary or election involving such
precinct and polling place, the election superintendent, upon reasonable notice
and at reasonable times, may require such restricted access community and
polling place to be open to full and complete access by the election
superintendent, investigators of the State Election Board, and all affected
candidates and their representatives for the purpose of determining the issues
involved in such contest or challenge.
Code
1933, § 34-706, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1978, p.
812, § 2; Ga. L. 1982, p. 1512, § 5; Ga. L. 1986, p. 348, § 1; Ga. L. 1998, p.
295, § 1; Ga. L. 2013, p. 270, § 2/HB
87.
Research
References & Practice Aids
ADMINISTRATIVE RULES AND
REGULATIONS. --
Accessibility for elderly and disabled voters, Official
Compilation of the Rules and Regulations of the State of Georgia, Georgia
Election Code, Registration of Electors, § 183-1-6-.04.
OPINIONS OF THE ATTORNEY
GENERAL
INTERFERENCE WITH
PRIMARY USE OF PUBLIC PROPERTY. --Whether the use as a polling place will
substantially interfere with primary use of public property is a decision which
lies within the discretion of the judge of the probate court (now superintendent).
1965-66 Op. Att'y Gen. No. 65-88.
USE OF SCHOOL
BUILDINGS AS POLLING PLACES. --The General Assembly intended that, wherever
possible, school buildings be used as polling places. An affirmative duty is
placed on school officials to make their property available for polling places.
1965-66 Op. Att'y Gen. No. 65-88.
NATIONAL GUARD
ARMORIES MAY BE USED AS POLLING PLACES in an election. Armories cannot be used,
however, if the use would interfere in any way with the functions and purposes
for which the armory is primarily intended. 1969 Op. Att'y Gen. No.
69-254.
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, § 307.
C.J.S. --
29 C.J.S., Elections, §§ 147, 331.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-268
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 7. PRECINCTS AND POLLING PLACES
§ 21-2-268. Compensation for rent, heat, light, and
janitorial services
The
superintendent or county or municipal governing authority shall fix the
compensation for rent, heat, light, and janitorial services to be paid for the
use of polling places for primaries and elections; provided, however, that no
compensation for rent, heat, or light shall be paid in the case of
schoolhouses, municipal buildings or rooms, or other public buildings used as
polling places.
Code 1933, § 34-709, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1998, p. 295, § 1; Ga. L. 2005, p. 253, § 32/HB 244.
Research References & Practice Aids
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-270
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 7. PRECINCTS AND POLLING PLACES
§ 21-2-270. Run-off primaries
(a) This Code section shall apply to a
run-off primary held in a county where:
(1) No run-off election is to be held
for election of any candidate who is elected at a nonpartisan election;
(2) A run-off primary is to be held for
nomination of one or more candidates who are nominated by one political party
for election to the United States House of Representatives or to an office
elected by the voters of the entire state; and no run-off primary is to be held
for any candidate who is nominated by any other political party or any
candidate who is nominated for election other than to the United States House
of Representatives or to an office elected other than by the voters of the
entire state; and
(3) Fewer than 1 percent of the county's
registered voters voted at the primary of the political party by which a
candidate or candidates are to be nominated at the run-off primary.
(b) In any case to which this Code
section applies, only one polling place shall be required to be open in the
county at the run-off primary; and such polling place shall be the polling
place for the precinct wherein the county courthouse is located. Any voter who
is otherwise eligible to vote in such run-off primary shall be entitled to vote
in said run-off primary at said single polling place. If the superintendent
determines that a single polling place is insufficient, all polling places
within the county shall be open.
(c) In any case in which only one
polling place is to be utilized pursuant to this Code section, the superintendent
shall cause an advertisement to be published once a week for two weeks
immediately preceding the run-off primary. Such advertisement shall be in
substantially the following form:
"At
the run-off primary to be held in
County on (date) for the
nomination of candidates of the
Party, only one polling place shall be open and such polling place will
be located at . Any voter who
desires to vote in such run-off primary must vote at said polling place and no
other polling places will be open for the run-off primary."
(d) The superintendent shall also cause
a copy of such notice to be prominently posted at each polling place in the
county on the date of the run-off primary and on each of the 14 days
immediately preceding the date of the run-off primary. The superintendent shall
also request the news media to provide news coverage of the fact that all
persons desiring to vote at the run-off primary must vote at said single
polling place.
Code
1981, § 21-2-270, enacted by Ga. L. 1985, p. 1316, § 1; Ga. L. 1998, p. 295, §
1; Ga. L. 2001, p. 269, § 15.
Research
References & Practice Aids
LAW REVIEWS. --
For note on the 2001 amendment of this Code section, see 18
Ga. St. U.L. Rev. 96 (2001).
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-269
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 7. PRECINCTS AND POLLING PLACES
§ 21-2-269. Construction of rooms for use as temporary
polling places
If,
in any precinct, no proper polling place can be obtained, the superintendent
shall cause to be constructed for such precinct a temporary room of adequate
size to be used as a polling place.
Code 1933, § 34-707, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1982, p. 1512, § 5; Ga. L. 1998, p. 295, § 1.
Research References & Practice Aids
ADMINISTRATIVE RULES AND REGULATIONS. --
Accessibility for elderly and disabled voters, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Election Code, Registration of Electors, Sec. 183-1-6-.04.
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, §§ 305, 306.
C.J.S. --
29 C.J.S., Elections, § 331.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-280
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 8. VOTING BY BALLOT
§ 21-2-280. Requirement as to conduct of primaries and
elections by ballot; requirement as to use of official ballots only
All
primaries and elections in this state shall be conducted by ballot, except when
voting machines are used as provided by law. A ballot may be electronic or
printed on paper. All ballots used in any primary or election shall be provided
by the superintendent or municipal governing authority in accordance with this
article, and only official ballots furnished by the superintendent or governing
authority shall be cast or counted in any primary or election in any precinct
in which ballots are used.
History
Ga. L. 1962, p. 618, § 1; Code 1933, § 34-1101, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1983, p. 140, § 1; Ga. L. 1998, p. 295, § 1; Ga. L. 2002, p. 598, § 2-2; Ga. L. 2005, p. 253, § 33/HB 244.
Annotations
Case Notes
JUDICIAL DECISIONS
OMISSION OF DIRECTIONS ON BALLOTS. --A trial court properly denied a losing candidate's petition to contest the election results of a mayoral election held in a town as the losing candidate failed to meet the burden of establishing that any misconduct, fraud, or irregularity occurred that placed the result of the election in doubt based on the county clerk signing the document reflecting the election results, instead of the election superintendent, and the clerk's failure to purge the voters list, which was not an obligation of the election supervisor anyway. The omission of the statutory language providing directions on how to cast a vote likewise did not necessitate a new election since the poll manager testified that the poll manager and other poll workers instructed each voter how to fill out the ballot and established that there was no concern or confusion by the voters regarding the ballot. Lewis v. O'Day, 284 Ga. 423, 667 S.E.2d 594 (2008).
METHODS OF VOTING. --O.C.G.A. § 21-2-280, by exempting electronic voting from the requirement that elections be conducted by ballot, does not violate Ga. Const. 1983, Art. II, Sec. I, Para. I because nothing in Ga. Const. 1983, Art. II, Sec. I, Para. I limits voting to some method or methods under which each voter indicates his or her choice or choices on a separate piece of paper issued to him or her for that purpose; it contemplates that the legislature shall provide a method, or methods, of voting at elections in such a way that not even those who count or tabulate the votes will know how any particular voter voted. Favorito v. Handel, 285 Ga. 795, 684 S.E.2d 257 (2009).
Research References & Practice Aids
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, §§ 283, 285.
C.J.S. --
29 C.J.S., Elections, §§ 260, 262.
ALR. --
Failure to make available to voters official ballots, or ballots conforming to requirements, as affecting validity of election of public officer, 165 A.L.R. 1263.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. TITLE 21 Chapter 2 Article 8
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 8. VOTING BY BALLOT
TITLE 21 Chapter 2 Article 8 NOTE
Annotations
Research References & Practice Aids
CROSS REFERENCES. --
Penalties for offenses relating to ballots and ballot cards, §§ 21-2-566 and 21-2-574 et seq.
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, § 309 et seq.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
OFFICIAL CODE OF GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-281
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 8. VOTING BY BALLOT
§ 21-2-281. Voting by paper ballot when use of voting
equipment impossible or impracticable
In
any primary or election in which the use of voting equipment is impossible or
impracticable, for the reasons set out in Code Section 21-2-334, the primary or
election may be conducted by paper ballot in the manner provided in Code
Section 21-2-334.
History
Code 1981, § 21-2-281; Ga. L. 1998, p. 295, § 1; Ga. L. 2002, p. 598, § 2-3.
Annotations
Notes
EDITOR'S NOTES. --
This Code section was created as part of the Code revision and was thus enacted by Ga. L. 1981, Ex. Sess., p. 8.
Research References & Practice Aids
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-282
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 8. VOTING BY BALLOT
§ 21-2-282. Voting by paper ballot when use of vote
recorders impossible or impracticable
Reserved.
Repealed by Ga. L. 2002, p. 598, § 2-4, effective April 1, 2003.
Annotations
Notes
EDITOR'S NOTES. --
This Code section was based on Code 1981, § 21-2-282; Ga. L. 1998, p. 295, § 1.
Research References & Practice Aids
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-283
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 8. VOTING BY BALLOT
§ 21-2-283. Printing and safekeeping of ballots and labels
by superintendent
In
any primary or election, the superintendent or municipal governing authority
shall cause all the ballots and ballot labels to be printed accurately and in
the form prescribed by this chapter, and the superintendent or municipal governing
authority shall be responsible for the safekeeping of the same while in his or
her or its possession or that of his or her or its agent. The superintendent or
municipal governing authority shall keep a record of the number of official
ballots printed and furnished to each precinct at each primary and election and
the number of stubs, unused ballots, and canceled ballots subsequently returned
therefrom.
History
Code 1933, § 34-1109, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1998, p. 295, § 1; Ga. L. 2005, p. 253, § 34/HB 244; Ga. L. 2006, p. 69, § 1/SB 467.
Annotations
Research References & Practice Aids
CROSS REFERENCES. --
Penalty for offenses by printers of ballots, § 21-2-594.
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, §§ 285 et seq., 298 et seq.
C.J.S. --
29 C.J.S., Elections, § 264 et seq.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-284.1
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 8. VOTING BY BALLOT
§ 21-2-284.1. Nonpartisan municipal primaries -- Form of
ballot
In
the case of nonpartisan municipal primaries, the form of the official
nonpartisan primary ballot shall conform insofar as practicable to the form of
the official primary ballot as detailed in Code Section 21-2-284, except that:
(1) The
following shall be printed at the top of each ballot in prominent type:
"OFFICIAL
NONPARTISAN PRIMARY BALLOT OF
(Name of Municipality)";
(2) There
shall be no name or designation of any political organization nor any words,
designation, or emblems descriptive of a candidate's political affiliation
printed under or after any candidate's name which is printed on the ballot;
and
(3) The
incumbency of a candidate seeking election for the public office he or she then
holds shall be indicated on the ballot.
History
Code
1981, § 21-2-284.1, enacted by Ga. L. 1983, p. 1190, § 11; Ga. L. 1984, p. 133,
§ 1; Ga. L. 1996, p. 145, § 14; Ga. L. 1998, p. 295, § 1; Ga. L. 2001, p. 269,
§ 16; Ga. L. 2002, p. 598, § 2-6; Ga.
L. 2005, p. 253, § 35/HB 244.
Annotations
Notes
EDITOR'S NOTES. --
Ga. L. 1983, p. 1190, § 1, not codified by the General
Assembly, provided that it was the intent of that Act to implement the
provisions of Ga. Const. 1983, Art. VI, Sec. VII, Para. I.
Research References & Practice Aids
ADMINISTRATIVE RULES AND
REGULATIONS. --
Appearance of candidate's name on ballot, Official
Compilation of the Rules and Regulations of the State of Georgia, Georgia
Election Code, Ballots, § 183-1-11-.02.
LAW REVIEWS. --
For note on the 2001 amendment of this Code section, see 18
Ga. St. U.L. Rev. 96 (2001).
OPINIONS OF THE ATTORNEY
GENERAL
NAME OF CANDIDATE.
--Titles such as "Dr.", "Rev.", "Judge",
"Mr.", "Ms.", "Mrs.", or "Miss" are not
a part of a person's name and should not be placed on the ballot as a part of
the candidate's name. 1984 Op. Att'y Gen. No. 84-51.
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, § 285 et seq.
C.J.S. --
29 C.J.S., Elections, §§ 267, 271, 272, 273.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-284
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 8. VOTING BY BALLOT
§ 21-2-284. Form of official primary ballot; attestation regarding
receiving value in exchange for vote
(a) In
each primary separate official ballots shall be prepared for the political
party holding the primary. At the top of each ballot shall be printed in
prominent type the words "OFFICIAL PRIMARY BALLOT OF PARTY FOR," followed by
the designation of the precinct for which it is prepared and the name and date
of the primary.
(b) The
State Election Board shall by rule and regulation determine the appropriate
wording for directions as to how a vote should be cast on each type of voting
equipment used in the state and how a new ballot should be issued when a ballot
is spoiled.
(c) Immediately
under the directions, the names of all candidates who have qualified with the
party in accordance with this chapter and party rules and who have been
certified to the superintendent or Secretary of State as having so qualified
shall be printed on the ballots, except unopposed candidates in municipal
primaries where the municipal charter or ordinance does not prohibit the
omission of such candidates' names from the ballot. The names of the candidates
shall in all cases be arranged under the title of the office for which they are
candidates and be printed thereunder in alphabetical order. The incumbency of a
candidate seeking party nomination for the public office he or she then holds
shall be indicated on the ballots. Under the title of each office shall be
placed a direction as to the number of candidates to be voted for.
(d) If
at any general primary a political party shall submit to its members any matter
or question to be voted upon, the party shall by the deadline for certifying
candidates for the primary election certify the wording of said question to the
superintendent, if to be voted on by one county only, or to the Secretary of
State, if to be voted on by more than one county; and the superintendent or
Secretary of State shall have such language printed on the ballot form. To the
left of each question there shall be placed the words "Yes" and
"No" together with appropriate squares to the left of each for the
convenient insertion of a cross (X) or check ([checkmark]) mark. If at any
municipal primary a political party shall submit to its members any matter or
question to be voted upon, the party shall also have printed on the ballots the
necessary language to guide the elector in the expression of his or her choice
as to such matter or question.
(e) Each
ballot shall have printed thereon the following:
"I
understand that the offer or acceptance of money or any other object of value
to vote for any particular candidate, list of candidates, issue, or list of
issues included in this election constitutes an act of voter fraud and is a
felony under Georgia law."
(f) The
ballots shall vary in form only as the names of precincts, offices, candidates,
or this chapter may require.
History
Code
1933, § 34-1102, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1968, p.
871, § 8; Ga. L. 1970, p. 347, § 14; Ga. L. 1970, p. 383, § 3; Ga. L. 1977, p.
1053, § 5; Ga. L. 1979, p. 624, § 1; Ga. L. 1982, p. 1512, § 5; Ga. L. 1984, p.
1, § 7; Ga. L. 1996, p. 101, § 3; Ga. L. 1997, p. 590, § 27; Ga. L. 1998, p.
295, § 1; Ga. L. 1998, p. 1231, §§ 9, 33; Ga. L. 2002, p. 598, § 2-5; Ga. L. 2010, p. 914, § 14/HB 540.
Annotations
Case Notes
JUDICIAL DECISIONS
AUTHORITY OF STATE
TO REGULATE ELECTIONS. --States have broad authority, absent valid
congressional legislation, to establish rules regulating the manner of
conducting both primary and final elections. Williamson v. Fortson, 376 F.
Supp. 1300 (N.D. Ga. 1974).
CITED in Jenness v.
Fortson, 403 U.S. 431, 91 S. Ct. 1970, 29 L. Ed. 2d 554 (1971); Stoner v.
Fortson, 345 F. Supp. 1369 (N.D. Ga. 1972).
Research References & Practice Aids
ADMINISTRATIVE RULES AND
REGULATIONS. --
Appearance of candidate's name on ballot, Official
Compilation of the Rules and Regulations of the State of Georgia, Georgia
Election Code, Ballots, § 183-1-11-.02.
Spoiled absentee
ballots, Official Compilation of the Rules and Regulations of the State of
Georgia, Georgia Election Code, Absentee Voting, § 183-1-14-.06.
Spoiled ballot
definition, Official Compilation of the Rules and Regulations of the State of
Georgia, Georgia Election Code, Absentee Voting, § 183-1-14-.07.
LAW REVIEWS. --
For comment, "Awakening a Slumbering Giant: Georgia's
Judicial Selection System After White and Weaver,"
see 56 Mercer L. Rev. 1035 (2005).
OPINIONS OF THE ATTORNEY
GENERAL
WHEN O.C.G.A. §§
21-2-284 AND 21-2-285 CONTROL QUESTIONS OF FORM OF BALLOT CARDS. --It was
reasonable that former Code 1933, §§ 34-1102 and 1103 (see O.C.G.A. § 21-2-284
and 21-2-285), prescribing form for paper ballots, control questions of form of
ballot cards where former Code 1933, § 1223 (former § 21-2-357), governing
ballot cards, dis not expressly provide an answer to the question raised. 1981
Op. Att'y Gen. No. 81-68.
NAME OF CANDIDATE.
--Titles such as "Dr.", "Rev.", "Judge",
"Mr.", "Ms.", "Mrs.", or "Miss" are not
a part of a person's name and should not be placed on the ballot as a part of
the candidate's name. 1984 Op. Att'y Gen. No. 84-51.
PURPOSE OF
INCUMBENCY DESIGNATION. --The purpose of the requirement of incumbency
designation established by this section was to provide factual information to a
voter which is relevant to the choice which the voter makes in voting and which
aids the voter in that decision. 1976 Op. Att'y Gen. No. 76-5.
This section
identified on the ballot the candidate responsible for the current conduct of
the office involved, permitting the voter to express the voter's approval or
disapproval of that conduct. 1976 Op. Att'y Gen. No. 76-5.
THIS SECTION
REQUIRED INCUMBENCY DESIGNATION OF THE PRESENT OFFICEHOLDER, regardless of
whether the officeholder was previously elected or was appointed to fill a
vacancy. 1976 Op. Att'y Gen. No. 76-5.
If two incumbent
county commissioners qualify for the same post they must both be listed as
"incumbents" on the primary ballot. 1974 Op. Att'y Gen. No.
U74-57.
INCUMBENT NEED NOT
BE LISTED IF NOT CANDIDATE FOR THAT OFFICE. --It is not necessary to designate
the incumbent on a primary ballot if the incumbent is not a candidate in that
party's primary for the office the incumbent holds. 1970 Op. Att'y Gen. No.
70-132.
WHEN ELECTED
COMMISSIONER OF LABOR WITHDREW PRIOR TO TAKING OATH OF OFFICE and another
person was appointed to serve until the next general election in 1992, the
proper ballot caption for the office for the 1992 primary and general elections
was: "For Commissioner of Labor (To Succeed Al Scott for the Unexpired
Term of Joe Tanner, withdrawn)". 1991 Op. Att'y Gen. No. 91-16.
CANDIDATES FOR BOTH
SPECIAL ELECTION AND GENERAL ELECTION MAY BE LISTED ON SAME BALLOT. --Former
Code 1933, §§ 34-1102 and 34-1103 (see now O.C.G.A. §§ 21-2-284 and 21-2-285)
allow both special election candidates and general election candidates to be
listed on the same ballot so long as the candidates have qualified in
accordance with the requirements of the Election Code and the elections are
held on the same day; provided, however, that all persons in that election
district (now precinct) who will receive the ballot are eligible to vote in
both the general and the special elections. 1970 Op. Att'y Gen. No.
70-115.
PREPUNCHING, IN
ADDITION TO PRINTING, OF BALLOT CARDS USED IN CONJUNCTION WITH VOTE RECORDERS.
--Ballot cards used in conjunction with vote recorders may not be prepunched to
designate election districts (now precincts) or political parties in lieu of
printing such information on cards, but may be so prepunched in addition to
printing such information on cards. 1981 Op. Att'y Gen. No. 81-68.
WHEN ELECTION
DISTRICT (NOW PRECINCT) AND POLITICAL PARTY ARE DESIGNATED BY PRINTING, SUCH
DESIGNATIONS MAY BE PREPUNCHED TO obviate confusion and concern among voters;
however, it would be wise to also include explanatory language to the effect
that the "ballot has been prepunched only so as to indicate information
printed immediately above." 1981 Op. Att'y Gen. No. 81-68.
STRAW POLLS.
--Public funds may not be expended for the purpose of conducting a straw poll
or public opinion referendum absent statutory authority. 1990 Op. Att'y Gen.
No. U90-20.
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, § 285 et seq.
C.J.S. --
29 C.J.S., Elections, §§ 264, 267, 271, 272, 273.
ALR. --
Constitutionality of statute relating to election ballots as
regards place or number of appearances on the ballots of names of candidates,
78 A.L.R. 398.
Name or form of
name to be used in designating candidate on primary or election ballot, 93 A.L.R.
911.
Validity,
construction, and application of state statutory requirements concerning
placement of independent candidate for President of the United States on
ballot, 33 A.L.R.6th 513.
Validity,
construction, and application of state requirements for placement of
independent candidates for United States Senate on ballot, 59 A.L.R. 6th
111.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-285
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 8. VOTING BY BALLOT
§ 21-2-285. Form of official election ballot; attestation on
receipt of benefit in exchange for vote; when an election is not required
(a) At
the top of each ballot for an election shall be printed in prominent type the
words "OFFICIAL BALLOT," followed by the designation of the precinct
for which it is prepared and the name and date of the election.
(b)
(1) Directions
that explain how to cast a vote and how to obtain a new ballot after one is
spoiled shall appear immediately under this caption on a ballot presenting the
names of candidates for election to office as specified by the rules and
regulations of the State Election Board.
(2) Marks
made in violation of these directions shall be disregarded in the counting of
the votes cast. The names of persons inserted on the ballot by the elector
shall be written only within the write-in space provided and the insertion of
such names outside such column or by the use of a sticker, paster, stamp, or
other printed or written matter is prohibited.
(c) Immediately
under the directions, the names of all candidates who have been nominated in
accordance with the requirements of this chapter shall be printed on the ballot
and the names of the candidates shall in all cases be arranged under the titles
of the respective offices they are seeking. In a primary or special election,
said names shall be arranged alphabetically by last name under the title of the
office. The incumbency of a candidate seeking election for the public office he
or she then holds shall be indicated on the ballot. In a general election, the
names of candidates who are nominees of a political party shall be placed under
the name of their party. The columns of political parties shall be printed on
the ballot, beginning on the left side thereof, and shall be arranged from left
to right in the descending order of the totals of votes cast for candidates of
the political parties for Governor at the last gubernatorial election. The
columns of parties having no candidate for Governor on the ballot at the last
gubernatorial election shall be arranged alphabetically according to the party
name to the right of the columns of the parties so represented. The columns of
political bodies shall be arranged alphabetically according to the body name to
the right of the party columns. The names of all independent candidates shall
be printed on the ballot in a column or columns under the heading
"Independent," which shall be placed to the right of the political
body columns. In the case of two or more independent candidates seeking the
same office, their names shall be arranged under the title of the office in
alphabetical order. The names of candidates seeking the same office shall be
printed horizontally opposite one another in their respective columns, and such
columns shall be of sufficient length to permit such an arrangement. To the
right of the independent column or columns shall be printed a blank column
sufficient for the insertion of write-in votes.
(d) Unless
a candidate has filed with his or her nominating petition a certificate from a
political party or body attesting that such candidate is the nominee of such
party by virtue of having been nominated in a duly constituted party
convention, the candidate's name shall appear on the ballot under the
independent column.
(e) When
presidential electors are to be elected, the ballot shall not list the individual
names of the candidates for presidential electors but shall list the names of
each political party or body and the names of the candidates of the party or
body for the offices of President and Vice President of the United States. The
individual names or the nominees of each political party or body for such
offices shall be posted at each polling place arranged alphabetically under the
names of the candidates of the party or body for President and Vice President
of the United States. A vote for the candidates for President and Vice
President of a political party or body shall be deemed to be a vote for each of
the candidates for presidential electors of such political party or body.
(f) When
proposed constitutional amendments or other questions are submitted to a vote
of the electors, each amendment or other question so submitted may be printed
upon the ballot following the groups of candidates for the various offices.
Proposed constitutional amendments so submitted shall be printed in the order
determined by the Constitutional Amendments Publication Board and in brief form
as directed by the General Assembly and, in the event of a failure to so
direct, the form shall be determined by the Secretary of State and shall
include the short title or heading provided for in subsection (c) of Code
Section 50-12-101. Unless otherwise provided by law, any other state-wide
questions or questions to be presented to the electors of more than one county
so submitted shall be printed in brief form as directed by the General Assembly
and, in the event of a failure to so direct, the form shall be determined by
the Secretary of State and shall include a short title or heading in bold face
at the beginning of each such question on the ballot and any local questions so
submitted shall be printed in brief form as directed by the General Assembly
and, in the event of a failure to so direct, the form shall be determined by
the superintendent.
(g) When
proposed questions are submitted to a vote of municipal electors, each question
so submitted may be printed upon the ballot to the right of or below the groups
of candidates for the various offices.
(h) Each
ballot shall have printed thereon the following:
"I
understand that the offer or acceptance of money or any other object of value
to vote for any particular candidate, list of candidates, issue, or list of
issues included in this election constitutes an act of voter fraud and is a
felony under Georgia law."
(i) The
ballots shall vary in form only as the names of precincts, offices, candidates,
or this chapter may require.
(j) Any
other provision of law to the contrary notwithstanding, in the event there is
no opposed candidate in a precinct in a general or special municipal election,
no election shall be held in such precinct unless a write-in candidate has
qualified as provided by law or unless there are issues to be submitted to the
electorate within a precinct.
(k) When,
pursuant to subsection (j) of this Code section, no election is to be
conducted, the municipality shall provide notice reasonably calculated to
inform the affected electorate that no election is to be conducted. Each such
unopposed candidate shall be deemed to have voted for himself or herself. The
superintendent shall certify such unopposed candidate as elected in the same
manner as he or she certifies other candidates as elected pursuant to Code
Section 21-2-502.
History
Ga.
L. 1922, p. 97, §§ 2, 3; Code 1933, §§ 34-1903, 34-1904; Ga. L. 1941, p. 324, §
1; Ga. L. 1948, Ex. Sess., p. 3, § 1; Ga. L. 1958, p. 208, § 6; Ga. L. 1962, p.
98, § 1; Ga. L. 1962, p. 618, § 1; Code 1933, § 34-1103, enacted by Ga. L.
1964, Ex. Sess., p. 26, § 1; Ga. L. 1965, p. 226, § 1; Ga. L. 1968, p. 851, §
1; Ga. L. 1969, p. 329, § 12; Ga. L. 1982, p. 1512, § 5; Ga. L. 1983, p. 140, §
1; Ga. L. 1986, p. 772, § 3; Ga. L. 1986, p. 1538, § 1; Ga. L. 1993, p. 118, §
1; Ga. L. 1994, p. 279, § 2; Ga. L. 1997, p. 590, § 28; Ga. L. 1998, p. 295, §
1; Ga. L. 1998, p. 1231, §§ 10, 34; Ga. L. 2001, p. 269, § 17; Ga. L. 2002, p.
598, § 2-7; Ga. L. 2005, p. 253, §
36/HB 244; Ga. L. 2012, p. 995, § 22/SB
92.
Annotations
Notes
EDITOR'S NOTES. --
In light of the similarity of the statutory provisions,
opinions under former Code 1933, §§ 34A-1004 and 34-1323 are included in the
annotations for this Code section.
Case Notes
JUDICIAL DECISIONS
AUTHORITY OF STATES
TO REGULATE ELECTIONS. --States have broad authority, absent valid
congressional legislation, to establish rules regulating the manner of
conducting both primary and final elections. Williamson v. Fortson, 376 F.
Supp. 1300 (N.D. Ga. 1974).
There are many
types of information which could serve to reduce voter confusion if they were
included in the ballot. The determination of what should be included is a state
function. Williamson v. Fortson, 376 F. Supp. 1300 (N.D. Ga. 1974).
PROHIBITION OF USE
OF STAMPS OR STICKERS NOT UNCONSTITUTIONAL. --The prohibition of the use of
stamps or stickers is not unconstitutional on its face. Morris v. Fortson, 261
F. Supp. 538 (N.D. Ga. 1966).
USE OF INCORRECT
TERMINOLOGY HELD MERE IRREGULARITY. --See Buttrill v. Thomas, 126 Ga. App. 498,
191 S.E.2d 119 (1972).
OMISSION OF
DIRECTIONS ON BALLOTS. --A trial court properly denied a losing candidate's
petition to contest the election results of a mayoral election held in a town
as the losing candidate failed to meet the burden of establishing that any
misconduct, fraud, or irregularity occurred that placed the result of the
election in doubt based on the county clerk signing the document reflecting the
election results, instead of the election superintendent, and the clerk's
failure to purge the voters list, which was not an obligation of the election
supervisor anyway. The omission of the statutory language providing directions
on how to cast a vote likewise did not necessitate a new election since the
poll manager testified that the poll manager and other poll workers instructed
each voter how to fill out the ballot and established that there was no concern
or confusion by the voters regarding the ballot. Lewis v. O'Day, 284 Ga. 423,
667 S.E.2d 594 (2008).
LAWSUIT SEEKING NAME
PLACED ON BALLOT PROPERLY DISMISSED. --Trial court properly dismissed a
nominee's lawsuit seeking to have the nominee's name placed upon the ballot for
the 2016 general election as an independent candidate for President of the
United States because the notices of candidacy were submitted 11 days after the
deadline set forth in O.C.G.A. § 21-2-132(d)(1) and the nominee failed to have
enough signatures verified; thus, the nominee was not entitled to have the
nominee's name placed on the ballot. De La Fuente v. Kemp, 300 Ga. 79, 793
S.E.2d 89 (2016).
CITED in McCrary v.
Poythress, 638 F.2d 1308 (5th Cir. 1981).
Research References & Practice Aids
ADMINISTRATIVE RULES AND
REGULATIONS. --
Appearance of candidate's name on ballot, Official
Compilation of the Rules and Regulations of the State of Georgia, Georgia
Election Code, Ballots, § 183-1-11-.02.
Spoiled absentee
ballots, Official Compilation of the Rules and Regulations of the State of
Georgia, Georgia Election Code, Absentee Voting, § 183-1-14-.06.
Spoiled ballot definition,
Official Compilation of the Rules and Regulations of the State of Georgia,
Georgia Election Code, Absentee Voting, § 183-1-14-.07.
LAW REVIEWS. --
For note on the 2001 amendment of this Code section, see 18
Ga. St. U. L. Rev. 96 (2001).
OPINIONS OF THE ATTORNEY
GENERAL
EFFECT WHERE
ELECTION OTHERWISE REQUIRED BY LAW. --A special municipal election, otherwise
required by law, must be conducted notwithstanding the existence of the
conditions set forth in this section. 1980 Op. Att'y Gen. No. U80-15 (decided
under former Code 1933, § 34A-1004).
WHEN NO NAME FOR A
PARTICULAR RACE SHALL APPEAR ON BALLOT. --Where neither a party nominee nor a
write-in candidate files notice of intention of candidacy in opposition to an
already qualified candidate in a municipal general or special election, then no
name for that race shall appear on the ballot. 1982 Op. Att'y Gen. No. U82-10
(decided under former Code 1933, § 34A-1004).
CONTROLLING SECTIONS
OR QUESTIONS OF FORM OF BALLOT CARDS. --It was reasonable that former Code
1933, §§ 34-1102 and 34-1103 (see now O.C.G.A. §§ 21-2-284 and 21-2-285)
prescribing form for paper ballots, control questions of form of ballot cards
when former Code 1933, § 34-1223 (formerly § 21-2-357), governing ballot cards,
did not expressly provide an answer to the question raised. 1981 Op. Att'y Gen.
No. 81-68.
NO CANDIDATE FOR
OFFICE AT GENERAL ELECTION. --When no candidate of either party nor an
independent qualifies for an office to be filled at a general election, the
title to the office should be printed on the ballot and then a note should be
written under the title in each party's column that there is no candidate for
that office. 1968 Op. Att'y Gen. No. 68-411.
RESTRICTIONS ON USE
OF STICKERS, PASTERS, AND STAMPS. --Ga. L. 1933, § 34-1323 (see now O.C.G.A. §
21-2-438) does not remove the restrictions on the use of stickers, pasters,
stamps, etc., as contained in former Code 1933, § 34-1103 (see now O.C.G.A. §
21-2-285). 1976 Op. Att'y Gen. No. U76-45 (decided under former Code 1933, §
34-1323).
PREPUNCHING, IN
ADDITION TO PRINTING, OF BALLOT CARDS USED IN CONJUNCTION WITH VOTE RECORDERS.
--Ballot cards used in conjunction with vote recorders may not be prepunched to
designate election districts (now precincts) or political parties in lieu of
printing such information on cards, but may be so prepunched in addition to
printing such information on cards. 1981 Op. Att'y Gen. No. 81-68.
WHEN PRECINCT AND
POLITICAL PARTY ARE DESIGNATED BY PRINTING, SUCH DESIGNATIONS MAY BE PREPUNCHED
TO obviate confusion and concern among voters; however, it would be wise to
also include explanatory language to the effect that the "ballot has been
prepunched only so as to indicate information printed immediately above."
1981 Op. Att'y Gen. No. 81-68.
ABBREVIATIONS IN
WRITE-IN VOTES. --An elector, when casting a write-in vote, may use
abbreviations in the title of the office if the write-in office has been
abbreviated in such a way that the elector has indicated clearly and without
question the office for which the elector voted. 1968 Op. Att'y Gen. No.
68-434.
Poll officers are
required to count as valid any ballot on which an elector has indicated clearly
and without question the candidate for whom the elector desires to cast a vote,
notwithstanding the fact the elector has not marked the elector's ballot in
accordance with the Election Code. 1976 Op. Att'y Gen. No. U76-45.
MISSPELLING OF
CANDIDATE'S NAME. --In those instances where the elector's intent can clearly
and unquestionably be ascertained, the elector's vote should be counted even
where the elector has not spelled the candidate's name exactly as recorded by
the candidate. 1968 Op. Att'y Gen. No. 68-411.
NAME OF CANDIDATE.
--Titles such as "Dr.", "Rev.", "Judge",
"Mr.", "Ms.", "Mrs.", or "Miss" are not
a part of a person's name and should not be placed on the ballot as a part of
the candidate's name. 1984 Op. Att'y Gen. No. 84-51.
WHEN ELECTED
COMMISSIONER OF LABOR WITHDREW PRIOR TO TAKING OATH OF OFFICE and another
person was appointed to serve until the next general election in 1992, the
proper ballot caption for the office for the 1992 primary and general elections
was: "For Commissioner of Labor (To Succeed Al Scott for the Unexpired
Term of Joe Tanner, withdrawn)". 1991 Op. Att'y Gen. No. 91-16.
CANDIDATES FOR BOTH
SPECIAL ELECTION AND GENERAL ELECTION MAY BE LISTED ON SAME BALLOT. --Former
Code 1933, §§ 34-1102 and 34-1103 (see now O.C.G.A. §§ 21-2-284 and 21-2-285)
allow both special election candidates and general election candidates to be
listed on the same ballot so long as the candidates have qualified in
accordance with the requirements of the Election Code and the elections are
held on the same day; provided, however, that all persons in that election
district (now precinct) who will receive the ballot are eligible to vote in
both the general and the special election. 1970 Op. Att'y Gen. No. 70-115.
STRAW POLLS.
--Public funds may not be expended for the purpose of conducting a straw poll
or public opinion referendum absent statutory authority. 1990 Op. Att'y Gen.
No. U90.
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, § 285 et seq.
C.J.S. --
29 C.J.S., Elections, §§ 264, 267, 271, 272, 273.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-286
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 8. VOTING BY BALLOT
§ 21-2-286. Printing specifications, numbering, and binding
of ballots
(a) In
any primary or election, the superintendent shall cause the ballots to be
printed in the form prescribed by this chapter.
(b)
(1) Paper
ballots other than those printed for optical scanning voting systems shall be
at least six inches long and four inches wide and shall have a margin extending
beyond any printing thereon. They shall be printed with the same kind of type,
which shall not be smaller than the size known as "brevier" or
"eight-point body," upon white paper of uniform quality, without any
impression or mark to distinguish one from another, and with sufficient
thickness to prevent the printed matter from showing through, except that
ballots being used in primaries held by more than one party may be of different
colors or may have colored stripes or blocks to distinguish the ballots if the
parties so agree. Each ballot shall be attached to a name stub, and all the
ballots for the same precinct shall be bound together in books of 25, 50, or
100, in such manner that each ballot may be detached from its stub and removed
separately. The ballots for each party to be used at a primary shall be bound
separately. The name stubs of the ballots shall be consecutively numbered; and,
in the case of primary ballots, the number shall be preceded by an initial or
abbreviation designating the party name. The number and initial or abbreviation
which appears upon the stub shall also be printed in the upper portion of the
front of the ballot, separated from the remainder of the ballot by a horizontal
perforated line so as to constitute a number strip and so prepared that the
upper portion of the front of the ballot containing the number may be detached
from the ballot before it is deposited in the ballot box. The number strip on
the ballot shall also have the following words printed thereon: "Tear off
before depositing ballot in ballot box."
(2) Ballots
for direct recording electronic voting systems shall be designed as prescribed
by the Secretary of State to ensure easy reading by electors.
(3) Ballots
printed by an electronic ballot marker shall be designed as prescribed by the
Secretary of State to ensure ease of reading by electors.
History
Ga.
L. 1941, p. 324, § 1; Code 1933, § 34-1104, enacted by Ga. L. 1964, Ex. Sess.,
p. 26, § 1; Ga. L. 1969, p. 329, § 13; Ga. L. 1982, p. 1512, § 5; Ga. L. 1984,
p. 1, § 9; Ga. L. 1987, p. 1360, § 13; Ga. L. 1998, p. 295, § 1; Ga. L. 2002,
p. 598, § 2-9; Ga. L. 2003, p. 517, § 26;
Ga. L. 2019, p. 7, § 16/HB 316.
Annotations
Notes
THE 2019 AMENDMENT,
effective April 2, 2019, added paragraph (b)(3).
Case Notes
JUDICIAL DECISIONS
CITED in Nobles v.
Osborne, 124 Ga. App. 454, 184 S.E.2d 207 (1971).
Research References & Practice Aids
LAW REVIEWS. --
For article on the 2019 amendment of this Code section, see
36 Ga. St. U.L. Rev. 81 (2019).
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, § 285 et seq.
C.J.S. --
29 C.J.S., Elections, §§ 264 et seq., 345 et seq.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-285.1
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 8. VOTING BY BALLOT
§ 21-2-285.1. Nonpartisan elections -- Form of ballot;
run-off election; declaration of prevailing candidate as duly elected
The
names of all candidates for offices which the General Assembly has by general
law or local Act provided for election in a nonpartisan election shall be
printed on each official primary ballot; and insofar as practicable such
offices to be filled in the nonpartisan election shall be separated from the
names of candidates for party nomination to other offices by being listed last
on each ballot, with the top of that portion of each official primary ballot
relating to the nonpartisan election to have printed in prominent type the
words "OFFICIAL NONPARTISAN ELECTION BALLOT." In addition, there
shall be a ballot that contains just the official nonpartisan election ballot
available for electors who choose not to vote in a party primary. Directions
that explain how to cast a vote, how to write in a candidate, and how to obtain
a new ballot after the elector spoils his or her ballot shall appear
immediately under the caption, as specified by rule or regulation of the State
Election Board. Immediately under the directions, the name of each such
nonpartisan candidate shall be arranged alphabetically by last name under the
title of the office for which they are candidates and be printed thereunder.
The incumbency of a candidate seeking election for the public office he or she
then holds shall be indicated on the ballot. No party designation or
affiliation shall appear beside the name of any candidate for nonpartisan
office. An appropriate space shall also be placed on the ballot for the casting
of write-in votes for such offices. In the event that no candidate in such
nonpartisan election receives a majority of the total votes cast for such
office, there shall be a nonpartisan election runoff between the candidates
receiving the two highest numbers of votes; and the names of such candidates
shall be placed on the official ballot at the general primary runoff in the
same manner as prescribed in this Code section for the nonpartisan election and
there shall be a separate official nonpartisan election runoff ballot for those
electors who do not choose or are not eligible to vote in the general primary
runoff. In the event that only nonpartisan candidates are to be placed on a
run-off ballot, the form of the ballot shall be as prescribed by the Secretary
of State or election superintendent in essentially the same format as
prescribed for the nonpartisan election. The candidate having a majority of the
votes cast in the nonpartisan election or the candidate receiving the highest
number of votes cast in the nonpartisan election runoff shall be declared duly
elected to such office.
History
Code 1981, § 21-2-285.1, enacted by Ga. L. 1983, p. 1190, § 12; Ga. L. 1984, p. 133, § 1; Ga. L. 1994, p. 279, § 3; Ga. L. 1996, p. 145, § 15; Ga. L. 1998, p. 295, § 1; Ga. L. 2001, p. 230, § 8; Ga. L. 2001, p. 269, § 18; Ga. L. 2002, p. 598, § 2-8; Ga. L. 2005, p. 253, § 37/HB 244; Ga. L. 2011, p. 678, § 5/HB 158.
Annotations
Notes
EDITOR'S NOTES. --
Ga. L. 1983, p. 1190, § 1, not codified by the General Assembly, provided that it was the intent of that Act to implement the provisions of Ga. Const 1983, Art. VI, Sec. VII, Para. I.
Case Notes
JUDICIAL DECISIONS
CITED in Brodie v. Champion, 281 Ga. 105, 636 S.E.2d 511 (2006).
Research References & Practice Aids
ADMINISTRATIVE RULES AND REGULATIONS. --
Appearance of candidate's name on ballot, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Election Code, Ballots, § 183-1-11-.02.
Spoiled ballot definition, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Election Code, Absentee Voting, § 183-1-14-.07.
LAW REVIEWS. --
For article, "Local Government Law," see 53 Mercer L. Rev. 389 (2001).
For note on the 2001 amendment to this Code section, see 18 Ga. St. U. L. Rev. 96 (2001). For note on the 2001 amendment to this Code section, see 18 Ga. St. U. L. Rev. 114 (2001).
OPINIONS OF THE ATTORNEY GENERAL
NAME OF CANDIDATE. --Titles such as "Dr.", "Rev.", "Judge", "Mr.", "Ms.", "Mrs.", or "Miss" are not a part of a person's name and should not be placed on the ballot as a part of the candidate's name. 1984 Op. Att'y Gen. No. 84-51.
ALR. --
Validity of runoff voting election methodology, 67 A.L.R.6th 609.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-287
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 8. VOTING BY BALLOT
§ 21-2-287. Form of absentee ballot
The
form for the absentee ballot shall be in substantially the same form as the
official ballots used in the precincts, except it shall be printed with only
the name stub and without a number strip and may have the precinct designation
printed or stamped thereon.
History
Code 1933, § 34-1104, enacted by Ga. L. 1970, p. 347, § 15; Ga. L. 1982, p. 1512, § 5; Ga. L. 1998, p. 295, § 1; Ga. L. 2003, p. 517, § 27.
Annotations
Research References & Practice Aids
ADMINISTRATIVE RULES AND REGULATIONS. --
Appearance of candidate's name on ballot, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Election Code, Ballots, § 183-1-11-.02.
OPINIONS OF THE ATTORNEY GENERAL
NAME OF CANDIDATE. --Titles such as "Dr.", "Rev.", "Judge", "Mr.", "Ms.", "Mrs.", or "Miss" are not a part of a person's name and should not be placed on the ballot as a part of the candidate's name. 1984 Op. Att'y Gen. No. 84-51.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-289
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 8. VOTING BY BALLOT
§ 21-2-289. Printing on ballots of names of substitute
candidates
As
soon as any substitute candidate has been duly nominated by his or her
political party or body pursuant to Code Section 21-2-134, at any time prior to
the day on which the printing of ballots is started, his or her name shall be
substituted in place of that of the candidate who has died, withdrawn, or been
disqualified.
History
Ga. L. 1948, Ex. Sess., p. 3, § 1; Ga. L. 1962, p. 618, § 1; Code 1933, § 34-1106, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1998, p. 295, § 1.
Annotations
Research References & Practice Aids
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, §§ 265, 296, 297.
C.J.S. --
29 C.J.S., Elections, § 282.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-288
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 8. VOTING BY BALLOT
§ 21-2-288. Procedure as to printing of ballots when
candidates for same nomination or office have same or similar names
If
two or more candidates for the same nomination or office shall have the same or
similar names, the Secretary of State, in the case of federal or state offices,
the superintendent of elections, in the case of county offices, or the official
with whom such candidates qualify, in the case of municipal elections, shall
print or cause to be printed the residence of all candidates for such
nomination or office on the ballot under their names. The designated official
shall determine whether the names of the candidates are of such a similar
nature as to warrant printing the residence of all candidates for that office
on the ballot; and the decision of the designated official shall be conclusive.
History
Code 1933, § 34-1105, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1980, p. 1256, § 3; Ga. L. 1982, p. 1292, § 8; Ga. L. 1998, p. 295, § 1.
Annotations
Research References & Practice Aids
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, §§ 298, 299.
C.J.S. --
29 C.J.S., Elections, §§ 268, 269, 270.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-290
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 8. VOTING BY BALLOT
§ 21-2-290. Superintendent to provide number of ballots
equal to number of registered electors in precinct
The
superintendent shall provide, for each precinct in which a primary or election
is to be held, a sufficient number of ballots equal to the number of active
registered electors.
History
Code 1933, § 34-1107, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1969, p. 329, § 14; Ga. L. 1976, p. 469, § 1; Ga. L. 1982, p. 1512, § 5; Ga. L. 1998, p. 295, § 1; Ga. L. 2001, p. 230, § 9.
Annotations
Research References & Practice Aids
LAW REVIEWS. --
For article, "Local Government Law," see 53 Mercer L. Rev. 389 (2001).
For note on the 2001 amendment to this Code section, see 18 Ga. St. U. L. Rev. 114 (2001).
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, § 284.
C.J.S. --
29 C.J.S., Elections, § 263.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-292
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 8. VOTING BY BALLOT
§ 21-2-292. Duty of superintendent to have forms of ballots
on file for public inspection prior to election
The
superintendent shall have on file in his or her office open to public
inspection, at least five days prior to the day of holding each primary and
election, forms of the ballots, with the names and such statements and
notations printed thereon as may be required by this chapter. Such forms shall
be used in each precinct within the county or municipality.
History
Code 1933, § 34-1108, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1982, p. 1512, § 5; Ga. L. 1998, p. 295, § 1.
Annotations
Research References & Practice Aids
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, §§ 284, 285.
C.J.S. --
29 C.J.S., Elections, §§ 261, 263.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-291
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 8. VOTING BY BALLOT
§ 21-2-291. Procedure as to unopposed candidates
Any
other provision of law to the contrary notwithstanding, in the event there is
no opposed candidate in a precinct in a special or general election, no special
or general election shall be held in such precinct unless a write-in candidate
has qualified as provided by law or unless there are issues to be submitted to
the electorate. Except as provided in Code Section 21-2-158, each such
unopposed candidate shall be deemed to have voted for himself or herself. Where
feasible, the superintendent shall provide notice reasonably calculated to
inform the affected electorate that no special or general election is to be
conducted. The superintendent shall certify such unopposed candidate as elected
in the same manner as he or she certifies other candidates as elected pursuant
to Code Section 21-2-493.
History
Code 1933, § 34-1112, enacted by Ga. L. 1978, p. 1979, § 1; Ga. L. 1984, p. 1, § 10; Ga. L. 1987, p. 977, § 1; Ga. L. 1998, p. 295, § 1; Ga. L. 2001, p. 240, § 21; Ga. L. 2001, Ex. Sess., p. 325, § 5; Ga. L. 2010, p. 914, § 15/HB 540.
Annotations
Research References & Practice Aids
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, § 285 et seq.
C.J.S. --
29 C.J.S., Elections, §§ 264, 267, 271, 272, 273.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-293
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 8. VOTING BY BALLOT
§ 21-2-293. Correction of mistakes and omissions on ballot
(a) If
the election superintendent discovers that a mistake or omission has occurred
in the printing of official ballots or in the programming of the display of the
official ballot on DRE voting equipment or electronic ballot markers for any
primary or election, the superintendent is authorized on his or her own motion
to take such steps as necessary to correct such mistake or omission if the
superintendent determines that such correction is feasible and practicable
under the circumstances; provided, however, that the superintendent gives at
least 24 hours' notice to the Secretary of State and any affected candidates of
the mistake or omission prior to making such correction.
(b) When
it is shown by affidavit that a mistake or omission has occurred in the printing
of official ballots or in the programming of the display of the official ballot
on DRE voting equipment or electronic ballot markers for any primary or
election, the superior court of the proper county may, upon the application of
any elector of the county or municipality, require the superintendent to
correct the mistake or omission or to show cause why he or she should not do
so.
History
Code
1933, § 34-1110, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1998, p.
295, § 1; Ga. L. 2017, p. 2, § 1/HB
42; Ga. L. 2017, p. 697, § 14/HB
268; Ga. L. 2019, p. 7, § 17/HB 316.
Annotations
Notes
THE 2017 AMENDMENTS. --
The first 2017 amendment, effective February 23, 2017, added
subsection (a); designated the existing provisions as subsection (b); and
inserted "or in the programming of the display of the official ballot on
DRE voting equipment" in the middle of subsection (b). The second 2017
amendment, effective July 1, 2017, made identical changes throughout this Code
section and added the proviso at the end of subsection (a).
THE 2019 AMENDMENT,
effective April 2, 2019, inserted "or electronic ballot markers" in
the middle of subsections (a) and (b) and substituted "24 hours'" for
"24 hours" in the proviso of subsection (a).
Research References & Practice Aids
LAW REVIEWS. --
For article on the 2019 amendment of this Code section, see
36 Ga. St. U.L. Rev. 81 (2019).
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, §§ 300, 301.
C.J.S. --
29 C.J.S., Elections, § 285 et seq.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-294
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 8. VOTING BY BALLOT
§ 21-2-294. Responsibility of superintendent for recording
number of ballots furnished and number of stubs, unused ballots, and canceled
ballots returned
The
superintendent shall keep a record of the number of official ballots printed
and furnished to each precinct at each primary and election and of the number
of stubs, unused ballots, and canceled ballots subsequently returned therefrom.
History
Code 1933, § 34-1111, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1982, p. 1512, § 5; Ga. L. 1998, p. 295, § 1.
Annotations
Research References & Practice Aids
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, § 284.
C.J.S. --
29 C.J.S., Elections, § 263.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-300
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 8A. STATE-WIDE VOTING EQUIPMENT
§ 21-2-300. Provision of new voting equipment by state;
uniform system for all elections to be conducted with use of scanning ballots
marked by electronic ballot markers; pilot programs authorized; county
responsibilities; education; county and municipal contracts for equipment
(a)
(1) The
equipment used for casting and counting votes in county, state, and federal
elections shall be the same in each county in this state and shall be provided
to each county by the state, as determined by the Secretary of State.
(2) As
soon as possible, once such equipment is certified by the Secretary of State as
safe and practicable for use, all federal, state, and county general primaries
and general elections as well as special primaries and special elections in the
State of Georgia shall be conducted with the use of scanning ballots marked by
electronic ballot markers and tabulated by using ballot scanners for voting at
the polls and for absentee ballots cast in person, unless otherwise authorized
by law; provided, however, that such electronic ballot markers shall produce
paper ballots which are marked with the elector's choices in a format readable
by the elector.
(3) The
state shall furnish a uniform system of electronic ballot markers and ballot
scanners for use in each county as soon as possible. Such equipment shall be
certified by the United States Election Assistance Commission prior to
purchase, lease, or acquisition. At its own expense, the governing authority of
a county may purchase, lease, or otherwise acquire additional electronic ballot
markers and ballot scanners of the type furnished by the state, if the
governing authority so desires. Additionally, at its own expense, the governing
authority of a municipality may choose to acquire its own electronic ballot
markers and ballot scanners by purchase, lease, or other procurement
process.
(4) Notwithstanding
any provision of law to the contrary, the Secretary of State is authorized to
conduct pilot programs to test and evaluate the use of electronic ballot
markers and ballot scanners in primaries and elections in this state.
(b) Each
county shall, prior to being provided with voting equipment by the state,
provide polling places that are adequate for the operation of such equipment
including, if necessary, the placement within the polling places of a
sufficient number of electrical outlets and telephone lines.
(c) Each
county shall, prior to being provided with voting equipment by the state,
provide or contract for adequate technical support for the installation, set
up, and operation of such voting equipment for each primary, election, and
special primary and special election as the Secretary of State shall determine
by rule or regulation.
(d) The
Secretary of State shall be responsible for the development, implementation,
and provision of a continuing program to educate voters, election officials,
and poll workers in the proper use of such voting equipment. Each county shall
bear the costs, including transportation, subsistence, and lodging, incurred by
its election and registration officials in attending courses taught by or
arranged by the Secretary of State for instruction in the use of the voting
equipment.
(e)
(1) Counties
shall be authorized to contract with municipal governments for the use of such
voting equipment in municipal elections under terms and conditions specified by
the Secretary of State to assure that the equipment is properly used and kept
secure.
(2) Notwithstanding
the provisions of Code Section 21-2-45, counties may not levy a fee for use of
state owned voting equipment but may require municipalities to reimburse the
county for the actual expenses related to the election or elections that are
subject to the county and municipal contract.
History
Code
1981, § 21-2-300, enacted by Ga. L. 2001, p. 269, § 19; Ga. L. 2003, p. 517, §
28; Ga. L. 2019, p. 7, § 18/HB 316.
Annotations
Notes
THE 2019 AMENDMENT,
effective April 2, 2019, redesignated the existing provisions of subsection (a)
as paragraph (a)(1); in paragraph (a)(1), substituted "The" for
"Provided that the General Assembly specifically appropriates funding to
the Secretary of State to implement this subsection, the" at the
beginning, and deleted ", by the July, 2004, primary election and
afterwards," following "federal elections shall" in the middle;
and added paragraphs (a)(2) through (a)(4).
Research References & Practice Aids
LAW REVIEWS. --
For article on the 2019 amendment of this Code section, see
36 Ga. St. U.L. Rev. 81 (2019).
For note on the
2001 enactment of this Code section, see 18 Ga. St. U. L. Rev. 96 (2001).
AM. JUR. 2D. --
26 Am. Jur. 2d., Elections, § 307.
C.J.S. --
29 C.J.S., Elections, §§ 337, 338, 527 et seq.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-301
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 8A. STATE-WIDE VOTING EQUIPMENT
§ 21-2-301. Pilot program; testing and evaluation of
electronic voting systems; creation of Twenty-first Century Voting Commission
Repealed
by Ga. L. 2003, p. 517, § 29, effective July 1, 2003.
Annotations
Notes
EDITOR'S NOTES. --
This Code section was based on Code 1981, § 21-2-301, enacted by Ga. L. 2001, p. 269, § 19; Ga. L. 2003, p. 151, § 1.
Research References & Practice Aids
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. TITLE 21 Chapter 2 Article 9 Part 2
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 9. VOTING MACHINES AND VOTE RECORDERS GENERALLY > PART 2. VOTING MACHINES
TITLE 21 Chapter 2 Article 9 Part 2 NOTE
Annotations
Research References & Practice Aids
ALR. --
Constitutionality of statutes providing for use of voting machines, 66 A.L.R. 855.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-310
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 9. VOTING MACHINES AND VOTE
RECORDERS GENERALLY > PART 1.
GENERAL PROVISIONS
§ 21-2-310. Definitions
As
used in this article, the term:
(1) "Candidate
counters" or "question counters" means the counters which
numerically register the votes cast for candidates and on questions,
respectively.
(2) "Diagram"
means an illustration of the official ballot showing the names of the parties,
bodies, offices, and candidates and statements of the questions, in their
proper places, together with the voting devices therefor.
(3) "Protective
counter" means a counter or protective device or devices that will
register each time the machine is operated and shall be constructed and so
connected that it cannot be reset, altered, or operated except by operating the
machine.
(4) "Public
counter" means a counter or other device which shall, at all times,
publicly indicate how many times the machine has been voted on during an
election.
(5) "Registering
counter" shall not include a protective counter.
(6) "Vote
indicator" means those devices with which votes are indicated for
candidates or for or against questions.
History
Code
1933, § 34-1201, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1984, p.
1087, § 1; Ga. L. 1990, p. 243, § 7; Ga. L. 1998, p. 295, § 1.
Annotations
Research References & Practice Aids
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, § 307.
C.J.S. --
29 C.J.S., Elections, §§ 261, 337, 338.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
Hierarchy Notes:
Part Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. TITLE 21 Chapter 2 Article 9 Part 1
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 9. VOTING MACHINES AND VOTE RECORDERS GENERALLY > PART 1. GENERAL PROVISIONS
TITLE 21 Chapter 2 Article 9 Part 1 NOTE
Annotations
Research References & Practice Aids
CROSS REFERENCES. --
Instruction of poll officers in use of voting machines and vote recorders, § 21-2-99. Penalties for offenses relating to ballots and ballot cards, §§ 21-2-566 and 21-2-574 et seq.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. TITLE 21 Chapter 2 Article 9
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 9. VOTING MACHINES AND VOTE RECORDERS GENERALLY
TITLE 21 Chapter 2 Article 9 NOTE
Annotations
Research References & Practice Aids
AM. JUR. 2D. --
25 Am. Jur. 2d, Elections, § 25.
26 Am. Jur. 2d, Elections, § 309 et seq.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-320
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 9. VOTING MACHINES AND VOTE RECORDERS GENERALLY > PART 2. VOTING MACHINES
§ 21-2-320. Power of municipal governing authority to
authorize use of and to procure voting machines
The
governing authority of any municipality may at any regular meeting or at a
special meeting called for the purpose, by a majority vote, authorize and
direct the use of voting machines for recording and computing the vote at all
elections held in the municipality; and thereupon the governing authority shall
purchase, lease, rent, or otherwise procure voting machines conforming to the
requirements of this part.
History
Code 1933, § 34-1202, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1998, p. 295, § 1; Ga. L. 2005, p. 253, § 38/HB 244.
Annotations
Research References & Practice Aids
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, § 307.
C.J.S. --
29 C.J.S., Elections, §§ 261, 337, 338.
ALR. --
Constitutionality of statutes providing for use of voting machines, 66 A.L.R. 855.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
Hierarchy Notes:
Part Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-324
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 9. VOTING MACHINES AND VOTE
RECORDERS GENERALLY > PART 2.
VOTING MACHINES
§ 21-2-324. Examination and approval of voting machines by
Secretary of State; appointment and compensation of examiners; revocation of
approval; written verification and certification prior to election or primary;
penalties; conflicts of interest
(a) Any
person or organization owning, manufacturing, or selling, or being interested
in the manufacture or sale of, any voting machine may request the Secretary of
State to examine the machine. Any ten or more electors of this state may, at
any time, request the Secretary of State to reexamine any voting machine
previously examined and approved by him or her. Before any such examination or
reexamination, the person, persons, or organization requesting such examination
or reexamination shall pay to the Secretary of State the reasonable expenses of
such examination; provided, however, that in the case of a request by ten or
more electors the examination fee shall be $250.00. The Secretary of State may,
at any time, in his or her discretion, reexamine any voting machine.
(b) The
Secretary of State shall thereupon require such machine to be examined or
reexamined by three examiners whom he or she shall appoint for the purpose, of
whom one shall be an expert in patent law and the other two shall be experts in
mechanics, and shall require of them a written report on such machine, attested
by their signatures; and the Secretary of State shall examine the machine and
shall make and file, together with the reports of the appointed examiners, his
or her own report, attested by his or her signature and the seal of his or her
office, stating whether, in his or her opinion and in consideration of the
reports of the examiners aforesaid, the kind of machine so examined can be
safely and accurately used by electors at primaries and elections as provided
in this chapter. If his or her report states that the machine can be so used, the
machine shall be deemed approved; and machines of its kind may be adopted for
use at primaries and elections as provided in this chapter.
(c) No
kind of voting machine not so approved shall be used at any primary or election
and if, upon the reexamination of any voting machine previously approved, it
shall appear that the machine so reexamined can no longer be safely or
accurately used by electors at primaries or elections as provided in this
chapter because of any problem concerning its ability to accurately record or
tabulate votes, the approval of the same shall immediately be revoked by the
Secretary of State; and no such voting machine shall thereafter be purchased
for use or be used in this state.
(d) At
least ten days prior to any primary or election, including special primaries,
special elections, and referendum elections, the election superintendent shall
verify and certify in writing to the Secretary of State that all voting will
occur on equipment certified by the Secretary of State.
(e) Any
vendor who completes a sale of voting machines that have not been certified by
the Secretary of State to a governmental body in this state shall be subject to
a penalty of $100,000.00, payable to the State of Georgia, plus reimbursement
of all costs and expenses incurred by the governmental body in connection with
the sale. The State Election Board shall have authority to impose such penalty
upon a finding that such a sale has occurred.
(f) When
a machine has been so approved, no improvement or change that does not impair
its accuracy, efficiency, or capacity shall render necessary a reexamination or
reapproval of the machine or of its kind.
(g) Neither
the Secretary of State, nor any examiner appointed by him or her for the
purpose prescribed by this Code section, nor any superintendent, nor the
governing authority of any municipality or a member of such authority, nor any
other person involved in the examination process shall have any pecuniary
interest in any voting machine or in the manufacture or sale thereof.
(h) The
compensation of each examiner appointed under this Code section shall be fixed
and paid by the Secretary of State.
History
Code
1933, § 34-1205, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1984, p.
1087, § 2; Ga. L. 1998, p. 295, § 1; Ga. L. 2001, p. 240, § 22; Ga. L. 2005, p. 253, § 41/HB 244.
Annotations
Research References & Practice Aids
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, § 307.
C.J.S. --
29 C.J.S., Elections, §§ 261, 337, 338.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
Hierarchy Notes:
Part Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-322
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 9. VOTING MACHINES AND VOTE
RECORDERS GENERALLY > PART 2.
VOTING MACHINES
§ 21-2-322. General requirements as to voting machines
No
voting machine shall be adopted or used unless it shall, at the time, satisfy
the following requirements:
(1) It
shall provide facilities for voting for such candidates as may be nominated and
upon such questions as may be submitted;
(2) It
shall permit each elector, in one operation, to vote for all the candidates of
one party or body for presidential electors;
(3) Except
as provided in paragraph (2) of this Code section for presidential electors, it
shall permit each elector, at other than primaries, to vote a ticket selected
from the nominees of any and all parties or bodies, from independent
nominations, and from persons not in nomination;
(4) It
shall permit each elector to vote, at any election, for any person and for any
office for whom and for which he or she is lawfully entitled to vote, whether
or not the name of such person or persons appears upon a ballot label as a
candidate for election; to vote for as many persons for an office as he or she
is entitled to vote for; and to vote for or against any question upon which he
or she is entitled to vote;
(5) It
shall preclude each elector from voting for any candidate or upon any question
for whom or upon which he or she is not entitled to vote; from voting for more
persons for any office than he or she is entitled to vote for; and from voting
for any candidate for the same office or upon any question more than once;
(6) It
shall be capable of adjustment by poll officers so as to permit each elector at
a primary to vote only for the candidates seeking nomination by the party in
whose primary he or she is then voting and so as to preclude him or her from
voting for the candidates seeking nomination by any party in whose primary he
or she is not then voting;
(7) It
shall fairly permit each elector to deposit, write in, or affix upon
receptacles or devices provided for the purpose ballots containing the names of
persons for whom he or she desires to vote whose names do not appear upon the
machine; provided, however, that, if the machine does not fairly permit such a
vote to be cast, an elector desiring to vote for any person whose name does not
appear on the machine shall be permitted to vote in the election by the use of
a paper ballot which shall be furnished by the superintendent;
(8) It
shall permit each elector to change his or her vote for any candidate or upon
any question appearing upon the ballot labels up to the time he or she begins
to register his or her vote or indicates or expresses his or her intentions to
register his or her vote;
(9) It
shall permit and require voting in absolute secrecy and shall be so constructed
that no person can see or know for whom any other elector has voted or is
voting, save an elector whom he or she has assisted or is assisting in voting,
as prescribed by law;
(10) It
shall have voting devices for separate candidates and questions, which shall be
arranged in separate parallel rows or columns, so that, at any primary, one or
more adjacent rows or columns may be assigned to the candidates of a party or
body and shall have parallel office columns or rows transverse thereto;
(11) It
shall have a public counter or other device, the register of which is visible
from the outside of the machine, which shall show during any period of voting
the total number of electors who have operated the machine during such period
of voting;
(12) It
shall have a protective counter or other device, the register of which cannot
be reset, which shall record the cumulative total number of movements of the
operating mechanism;
(13) It
shall be provided with a lock or locks, by the use of which, immediately after
the polls are closed or the operation of the machine for a primary or election
is completed, all movements of the registering mechanism are absolutely
prevented;
(14) It
shall be provided with a screen, hood, or curtain which shall conceal the
actions of the elector while voting;
(15) It
shall be constructed of material of good quality in a neat and workmanlike
manner;
(16) It
shall, when properly operated, register or record correctly and accurately
every vote cast;
(17) It
shall be so constructed that an elector may readily learn the method of
operating it;
(18) It
shall be safely transportable;
(19) It
shall be so constructed and controlled that during the progress of voting it
shall preclude every person from seeing or knowing the number of votes
registered for any candidate and from tampering with any of the registering
mechanism; and
(20) If
it is of a type equipped with a mechanism for printing paper proof sheets and
not requiring the counters to be made visible in order to canvass the votes
recorded on the machine, the door or other device concealing such counters or
keeping the same concealed may be equipped with a lock or locks, requiring the
simultaneous use of three separate and substantially different keys to open or
operate the same.
History
Code
1933, § 34-1206, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1968, p.
851, §§ 2, 3; Ga. L. 1969, p. 329, § 15a; Ga. L. 1993, p. 118, § 1; Ga. L.
1994, p. 279, § 4; Ga. L. 1998, p. 295, § 1.
Annotations
Case Notes
JUDICIAL DECISIONS
FOR COMPARISON OF
PROCEDURES FOLLOWED BY POLITICAL PARTIES AND POLITICAL BODIES, see McCrary v.
Poythress, 638 F.2d 1308 (5th Cir.), cert. denied, 454 U.S. 865, 102 S. Ct.
325, 70 L. Ed. 2d 165 (1981).
WRITE-IN VOTES.
--The procedures provided for in O.C.G.A. §§ 21-2-132(c) and (d) (see (d) and
(e)), 21-2-170(b) and (g), 21-2-171(a), 21-2-172, and 21-2-322(7) relate only
to the right to have the name of a candidate or the nominee of a political body
printed on the ballot. There is no limitation whatever, procedural or
substantive, on the right of a voter to write in on the ballot the name of the
candidate of the voter's choice and to have that write-in vote counted. McCrary
v. Poythress, 638 F.2d 1308 (5th Cir.), cert. denied, 454 U.S. 865, 102 S. Ct.
325, 70 L. Ed. 2d 165 (1981).
Research References & Practice Aids
ADMINISTRATIVE RULES AND
REGULATIONS. --
Ballot secrecy, Official Compilation of the Rules and
Regulations of the State of Georgia, Georgia Election Code, Ballots, §
183-1-11-.01.
OPINIONS OF THE ATTORNEY
GENERAL
USE OF STICKERS,
PASTERS, AND STAMPS is not permitted in casting a write-in vote when voting
machines or vote recorders are used. 1965-66 Op. Att'y Gen. No. 66-230.
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, § 307.
C.J.S. --
29 C.J.S., Elections, §§ 261, 337, 338.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
Hierarchy Notes:
Part Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-325.1
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 9. VOTING MACHINES AND VOTE RECORDERS GENERALLY > PART 2. VOTING MACHINES
§ 21-2-325.1. Candidates with same or similar names
If
two or more candidates for the same nomination or office shall have the same or
similar names, the Secretary of State, in the case of federal or state offices,
the superintendent of elections, in the case of county offices, or the official
with whom such candidates qualify, in the case of municipal elections, shall
print or cause to be printed the residence address of all candidates for such
nomination or office on the ballot labels under their names. The designated
official shall determine whether the names of the candidates are of such a
similar nature as to warrant printing the residence address of all candidates
for that office on the ballot labels; and the decision of the designated
official shall be conclusive.
History
Code 1981, § 21-2-325.1, enacted by Ga. L. 2001, p. 230, § 10; Ga. L. 2001, p. 240, § 23; Ga. L. 2003, p. 151, § 1.
Annotations
Commentary
CODE COMMISSION NOTES. --
The enactment of this Code section by Ga. L. 2001, p. 230, § 10, irreconcilably conflicted with and was treated as superseded by Ga. L. 2001, p. 240, § 23. See County of Butts v. Strahan, 151 Ga. 417 (1921).
LAW REVIEWS. --
For note on the 2001 enactment of this Code section, see 18 Ga. St. U. L. Rev. 114 (2001).
Research References & Practice Aids
C.J.S. --
29 C.J.S., Elections, § 267 et seq.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
Hierarchy Notes:
Part Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-327
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 9. VOTING MACHINES AND VOTE
RECORDERS GENERALLY > PART 2.
VOTING MACHINES
§ 21-2-327. Preparation of voting machines; custodians and
their deputies; inspection; furnishing of supplies
(a) The
superintendent of each municipality shall cause the proper ballot labels to be
placed on each voting machine which is to be used in any precinct within such
municipality, cause each machine to be placed in proper order for voting,
examine each machine before it is sent out to a polling place, see that each
registering counter on each machine is set at zero, lock each machine so that
the counting machinery cannot be operated, and seal each machine with a
numbered seal. The superintendent or his or her agent shall adjust each machine
to be used at a primary, so that the poll officers may lock it on primary day,
in such a way that each elector can vote only for the candidates seeking
nomination by the political party in whose primary he or she is then voting and
so that no elector can vote for the candidates seeking nomination by any
political party in whose primary he or she is not then voting.
(b) The
superintendent shall appoint one custodian of voting machines and such deputy
custodians as may be necessary, whose duty it shall be to prepare the machines
to be used at the primaries and elections to be held therein. Each custodian
and deputy custodian shall receive from the municipality such compensation as
shall be fixed by the governing authority of the municipality. Such custodian
shall, under the direction of the superintendent, have charge of and represent
the superintendent during the preparation of the voting machines as required by
this chapter, and he or she and the deputy custodians, whose duty it shall be
to assist him or her in the discharge of his or her duties, shall serve at the
pleasure of the superintendent. Each custodian shall take an oath of office
framed by the Secretary of State, which shall be filed with the superintendent.
(c) On
or before the twelfth day preceding a primary or election, including special
primaries, special elections, and referendum elections, the superintendent
shall mail to the foreperson of the grand jury, the chairperson of the county
executive committee of each political party which shall be entitled under
existing laws to participate in primaries within the county, and to the
chairperson or presiding officer of any organization of citizens within the
county having as its purpose or among its purposes the investigation or
prosecution of primary and election frauds, which has registered its name and
address and the names of its principal officers with the superintendent at
least 30 days before such primary or election, and, in the case of an election,
to the appropriate committee of each political body which shall be entitled to
have the names of its candidates entered on the voting machines, and to each
independent candidate who shall be entitled to have his or her name printed on
the voting machines, a written notice stating the times when and the place or
places where preparation of the machines for use in the several precincts will
be started. The grand jury shall appoint a committee, consisting of three of
its members, which shall inspect the machines and see that the machines are
properly prepared and are placed in proper condition and order for use. In the
event the committee of the grand jury fails to be present, the superintendent
shall immediately appoint a panel consisting of three electors to perform the
duties of the committee of the grand jury set forth in this Code section.
Further, one representative of each political party or body, certified by the
chairperson of such political party or body, and one representative of each
aforementioned organization of citizens, certified by the chairperson or
presiding officer of such organization, and any such independent candidate or
his or her certified agent shall be entitled to be present during the
preparation of the machines and to see that the machines are properly prepared
and are placed in proper condition and order for use. Such committee of the
grand jury, representatives, or candidates shall not, however, interfere with
the preparation of the machines; and the superintendent may make such
reasonable rules and regulations concerning the conduct of such representatives
and candidates.
(d) The
custodian and deputy custodians of voting machines and the members of the
committee of the grand jury, if any, shall make an affidavit, which each shall
sign, and request each representative of a party, body, or a citizens'
organization, or candidate or his or her agent present at the preparation of
the machine to attest, and which shall be filed with the city clerk,
stating:
(1) The
identifying number or other designation of the voting machine;
(2) That
each registering counter on the machine was set at zero;
(3) The
number registered on the protective counter or other device of the machine;
and
(4) The
number on the seal with which the machine is sealed.
(e) No
superintendent nor custodian nor other employee of the superintendent shall, in
any way, prevent free access to and examination of all voting machines which
are to be used at the primary or election by any of the duly appointed
representatives or candidates aforesaid; and the superintendent and his or her
employees shall afford to each such representative or candidate every facility
for the examination of all registering counters, protective counters, and
public counters of each and every voting machine.
(f) In
every primary or election, the superintendent shall furnish, at the expense of
the municipality, all ballot labels, forms of certificates, and other papers
and supplies which are required under this chapter and which are not furnished
by the Secretary of State, all of which shall be in the form and according to
the specifications prescribed from time to time by the Secretary of State. In a
municipal primary, ballot labels and other materials necessary for the
preparation of the voting machines shall be furnished free of charge to the
municipal superintendent by the political party conducting such primary.
History
Code
1933, § 34-1209, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1970, p.
347, § 16; Ga. L. 1977, p. 1053, § 7; Ga. L. 1978, p. 1004, § 20; Ga. L. 1982,
p. 1512, § 5; Ga. L. 1987, p. 34, § 1; Ga. L. 1992, p. 56, § 1; Ga. L. 1993, p.
118, § 1; Ga. L. 1998, p. 295, § 1; Ga. L. 2001, p. 240, § 24; Ga. L. 2005, p. 253, § 42/HB 244.
Annotations
Research References & Practice Aids
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, § 307.
C.J.S. --
29 C.J.S., Elections, §§ 261, 337, 338.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
Hierarchy Notes:
Part Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-321
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 9. VOTING MACHINES AND VOTE
RECORDERS GENERALLY > PART 2.
VOTING MACHINES
§ 21-2-321. Referendum on question of use of voting machines
(a) The
governing authority of any municipality which conducts elections by
paper ballot may, upon its own motion, submit
to the electors of the
municipality, at any election, the question:
"Shall voting machines be used in
?"
(b) The
governing authority of any municipality which conducts elections by
paper ballot, upon the receipt of a petition
signed by at least 10 percent of
the electors who voted in such municipality
at the preceding general election,
shall, at the next election occurring at
least 45 days thereafter, submit to
the electors of such municipality the
question: "Shall voting machines be used
in
?"
(c) The
governing authority shall cause such question to be printed upon the ballots to
be used at the election in the form and manner provided by the laws governing
general elections.
(d) The
election on such question shall be held at the places, during the hours, and
under the regulations provided by law for holding general elections and shall
be conducted by the poll officers provided by law to conduct such elections.
The poll officers shall count the votes cast at the election on such question
and shall make return thereof to the superintendent of such municipality as
required by law. The returns shall be computed by the superintendent and, when so
computed, a certificate of the total number of electors voting "Yes"
and of the total number of electors voting "No" on such question
shall be filed in the office of the municipal governing authority and in the
office of the Secretary of State.
(e) Whenever,
under this Code section, the question of the adoption of voting machines is
about to be submitted to the electors of any municipality, it shall be the duty
of the governing authority of such municipality to ascertain whether current
funds will be available to pay for such machines, if adopted and purchased, or
whether it has power to increase the indebtedness of the municipality in an
amount sufficient to pay for the machines without the consent of the electors;
and, if such current funds will not be available and the power to increase the
indebtedness of the municipality in a sufficient amount without the consent of
the electors is lacking, it shall be the duty of the governing authority to
submit to the electors of the municipality, in the manner provided by law, at
the same election at which the adoption of voting machines is to be voted on,
the question of whether the indebtedness of such municipality shall be
increased, in an amount specified by them, sufficient to pay for such voting machines,
if adopted.
(f) If
a majority of the electors voting on such question or questions shall vote in
the affirmative, the governing authority of such municipality shall purchase,
lease, or rent voting machines, conforming to the requirements of this part,
for recording and computing the vote at all elections held in such
municipality.
History
Code
1933, § 34-1203, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1993, p.
617, § 9; Ga. L. 1998, p. 295, § 1; Ga.
L. 2005, p. 253, § 39/HB 244.
Annotations
Research References & Practice Aids
OPINIONS OF THE ATTORNEY
GENERAL
SEPARATE QUESTIONS
ON BALLOT. --The question of whether to authorize the use of voting machines in
a county and the question of whether the indebtedness of the county should be
increased sufficiently to pay for voting machines should be separately placed
on the ballot and may not be combined. 1984 Op. Att'y Gen. No. 84-75.
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, §§ 198, 245, 307.
C.J.S. --
29 C.J.S., Elections, §§ 261, 337, 338.
ALR. --
Power of legislative body to amend, repeal, or abrogate
initiative or referendum measure, or to enact measure defeated on referendum,
33 A.L.R.2d 1118.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
Hierarchy Notes:
Part Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-323
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 9. VOTING MACHINES AND VOTE RECORDERS
GENERALLY > PART 2.
VOTING MACHINES
§ 21-2-323. Installation of voting machines; discontinuance
of use of paper ballots; minimum number; different types; requirements as to
working order and capacity
(a) When
the use of voting machines has been authorized in the manner prescribed by Code
Section 21-2-320 or 21-2-321, such voting machines shall be installed, either
simultaneously or gradually, within the municipality. Upon the installation of
voting machines in any precinct, the use of paper ballots therein shall be
discontinued, except as otherwise provided by this chapter.
(b) In
each precinct in which voting machines are used, the municipal governing
authority shall provide at least one voting machine for each 500 electors, or
major fraction thereof, except that at least one voting machine shall be
provided in each such precinct in any case.
(c) Voting
machines of different kinds may be used for different precincts in the same
municipality.
(d) The
municipal governing authority shall provide voting machines in good working
order and of sufficient capacity to accommodate the names of a reasonable
number of candidates for all party offices and nominations and public offices,
which, under existing laws and party rules, are likely to be voted for at any
future primary or election.
History
Code
1933, § 34-1204, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1969, p.
329, § 15; Ga. L. 1976, p. 463, § 1; Ga. L. 1982, p. 1512, § 5; Ga. L. 1983, p.
140, § 1; Ga. L. 1998, p. 295, § 1; Ga.
L. 2005, p. 253, § 40/HB 244.
Annotations
Research References & Practice Aids
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, § 307.
C.J.S. --
29 C.J.S., Elections, §§ 261, 337, 338.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
Hierarchy Notes:
Part Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-326
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 9. VOTING MACHINES AND VOTE
RECORDERS GENERALLY > PART 2.
VOTING MACHINES
§ 21-2-326. Unofficial ballot labels
(a) If
ballot labels for a precinct at which a voting machine is to be used are not
delivered to the poll officers as required by this chapter, the chief manager
of such precinct shall cause other labels to be prepared, printed, or written,
as nearly in the form of official ballot labels as practicable; and the poll
officers shall cause the labels, so substituted, to be used at the primary or
election, in the same manner, as nearly as may be, as the official labels. Such
labels, so substituted, shall be known as unofficial ballot labels.
(b) If
any voting machine shall become out of order during a primary or election and
repair or substitution cannot be made, paper ballots, either printed or
written, and of any suitable form, may be used for the taking of votes.
History
Code
1933, § 34-1215, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1978, p.
1004, § 21; Ga. L. 1982, p. 1512, § 5; Ga. L. 1998, p. 295, § 1.
Annotations
Research References & Practice Aids
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, § 303 et seq.
C.J.S. --
29 C.J.S., Elections, §§ 261, 262, 337, 338.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
Hierarchy Notes:
Part Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-325
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 9. VOTING MACHINES AND VOTE
RECORDERS GENERALLY > PART 2.
VOTING MACHINES
§ 21-2-325. Form of ballot labels generally
(a) The
ballot labels shall be printed in black ink upon clear, white, or pastel
colored material, of such size as will fit the ballot frame, and in plain,
clear type so as to be easily readable by persons with normal vision.
(b) If
the construction of the machine shall require it, the ballot label for each
candidate, group of candidates, political party or body, or question to be
voted on shall bear the designating letter or number of the counter on the
voting machine which will register or record votes therefor. Each question to
be voted on shall appear on the ballot labels in brief form. Unless otherwise
provided by law, proposed constitutional amendments so submitted shall be in
brief form as directed by the General Assembly and, in the failure to so
direct, the form shall be determined by the Secretary of State. Unless
otherwise provided by law, any other state-wide questions or questions to be
presented to the electors of more than one county so submitted shall be printed
in brief form as directed by the General Assembly and, in the event of a
failure to so direct, the form shall be determined by the Secretary of State
and shall include a short title or heading in bold face at the beginning of
each such question on the ballot and any local questions so submitted shall be
printed in brief form as directed by the General Assembly and, in the event of
a failure to so direct, the form shall be determined by the superintendent. In
the case of questions to be voted on by the electors of a municipality, the
governing authority shall determine the brief form of the questions.
(c) The
ballot label for each candidate or group of candidates nominated by a party or
body shall contain the name or designation of the party or body.
(d) The
titles of offices may be arranged horizontally or vertically, with the names of
candidates for an office arranged transversely under or opposite the title of
the office. The incumbency of a candidate seeking election for the public
office he or she then holds shall be indicated on the ballot labels.
(e) The
names of all candidates nominated by a party or body shall appear in adjacent
rows or columns containing generally the names of candidates nominated by such
party or body, provided that the names of individual candidates for
presidential elector shall not appear upon the ballot labels, but, in lieu
thereof, the names of the candidates of such party or body for President and
Vice President shall be printed together with the name of such party or body.
(f) The
form and arrangement of ballot labels shall be prepared by the
superintendent.
(g) The
names of all candidates of a party or body shall appear in the same row or
column, and no other names shall appear in the same row or column. The names of
candidates and independent candidates shall be arranged under or opposite the
title of the office for which they are candidates and shall appear in the order
prescribed by subsection (c) and the second sentence of subsection (e) of Code
Section 21-2-285. The rows or columns occupied by the names of the candidates
of political parties and bodies shall be arranged according to the priority
prescribed by subsection (c) of Code Section 21-2-285. When voting machines are
used on which the titles of offices are arranged horizontally, the names of all
candidates for the same office shall appear within the same vertical
lines.
(h) In
primaries, the ballot labels containing the names of candidates seeking
nomination by a political party shall be segregated on the face of the machine
in adjacent rows or columns by parties, the priority of such political parties
on the ballot labels to be determined in the order prescribed by subsection (c)
of Code Section 21-2-285. If a nonpartisan election is being held in conjunction
with a partisan primary, each partisan ballot label shall be clearly marked to
indicate that the elector may vote in the nonpartisan election also. In
nonpartisan elections, the ballot labels shall include a separate portion for
the names of candidates seeking election in a nonpartisan election and the
heading and arrangement of such candidates shall be as prescribed by Code
Section 21-2-285.1 insofar as practicable. At the top of the separate portion
shall be printed in prominent type the words "OFFICIAL NONPARTISAN
ELECTION BALLOT."
(i) In
primaries, if it shall be impracticable to place on the ballot labels of one
machine the names of all candidates seeking nomination in all political parties
and the names of all candidates seeking election in a nonpartisan election, the
superintendent may arrange for the names of all the candidates seeking
nomination in any one political party to be placed on separate voting machines;
provided, however, that the names of all candidates seeking election in a nonpartisan
election shall appear on all machines.
(j) Within
the instruction section of the ballot label there shall be printed the
following:
"I
understand that the offer or acceptance of money or any other object of value
to vote for any particular candidate, list of candidates, issue, or list of
issues included in this election constitutes an act of voter fraud and is a
felony under Georgia law."
(k) Any
other provision of law to the contrary notwithstanding, in the event there is
no opposed candidate in a precinct in a special or general election, no special
or general election shall be held in such precinct unless a write-in candidate
has qualified as provided by law or unless there are issues to be submitted to
the electorate. Each such unopposed candidate shall be deemed to have voted for
himself or herself. Where feasible, the superintendent shall provide notice
reasonably calculated to inform the affected electorate that no special or
general election is to be conducted. The superintendent shall certify such
unopposed candidate as elected in the same manner as he or she certifies other
candidates as elected pursuant to Code Section 21-2-493.
History
Code
1933, § 34-1208, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1968, p.
851, § 4; Ga. L. 1977, p. 1053, § 6; Ga. L. 1978, p. 1004, § 19; Ga. L. 1978,
p. 1979, § 2; Ga. L. 1979, p. 624, § 2; Ga. L. 1980, p. 437, § 1; Ga. L. 1982,
p. 1512, § 5; Ga. L. 1983, p. 140, § 1; Ga. L. 1983, p. 1190, § 13; Ga. L.
1984, p. 133, § 1; Ga. L. 1986, p. 772, § 4; Ga. L. 1986, p. 1538, § 2; Ga. L.
1987, p. 34, § 1; Ga. L. 1988, p. 647, § 2; Ga. L. 1989, p. 10, § 1; Ga. L.
1994, p. 279, § 5; Ga. L. 1995, p. 1027, § 7; Ga. L. 1996, p. 145, § 16; Ga. L.
1997, p. 8, § 1; Ga. L. 1997, p. 590, § 29; Ga. L. 1998, p. 295, § 1; Ga. L.
1998, p. 1231, §§ 11, 35; Ga. L. 2001, p. 269, § 20; Ga. L. 2011, p. 678, § 6/HB 158; Ga. L. 2012, p. 995, § 23/SB 92.
Annotations
Notes
EDITOR'S NOTES. --
Ga. L. 1983, p. 1190, § 1, not codified by the General
Assembly, provided that it was the intent of that Act to implement the
provisions of Ga. Const. 1983, Art. VI, Sec. VII, Para. I.
Case Notes
JUDICIAL DECISIONS
EDITOR'S NOTES. --In
light of the similarity of the statutory provisions, decisions under former
Code Section 21-3-225 are included in the annotations for this Code
section.
FAILURE TO PLACE A
CANDIDATE'S NICKNAME ON THE BALLOT could not be considered an act of misconduct
within the meaning of former § 21-3-422(1). Maye v. Pundt, 267 Ga. 243, 477
S.E.2d 119 (1996) (decided under former § 21-3-225).
Research References & Practice Aids
ADMINISTRATIVE RULES AND
REGULATIONS. --
Appearance of candidate's name on ballot, Official
Compilation of the Rules and Regulations of the State of Georgia, Georgia
Election Code, Ballots, § 183-1-11-.02.
LAW REVIEWS. --
For article, "Local Government Law," see 53 Mercer
L. Rev. 389 (2001).
For note on the
2001 amendment to this Code section, see 18 Ga. St. U. L. Rev. 96 (2001).
OPINIONS OF THE ATTORNEY
GENERAL
NAME OF CANDIDATE.
--Titles such as "Dr.", "Rev.", "Judge",
"Mr.", "Ms.", "Mrs.", or "Miss" are not
a part of a person's name and should not be placed on the ballot as a part of
the candidate's name. 1984 Op. Att'y Gen. No. 84-51.
PAPER BALLOTS MAY BE
USED AS AN ALTERNATIVE TO VOTING MACHINES where ballot questions on a
constitutional amendment cannot be made to adhere to the 75-word limitation
formerly found within subsection (b) of O.C.G.A. § 21-2-325. 1997 Op. Att'y
Gen. No. 97-3.
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, § 307.
C.J.S. --
29 C.J.S., Elections, §§ 261, 337, 338.
ALR. --
Constitutionality, construction and application of statutes
providing that candidates for certain offices shall be placed upon nonpartisan
ballot, 125 A.L.R. 1044.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
Hierarchy Notes:
Part Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-329
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 9. VOTING MACHINES AND VOTE
RECORDERS GENERALLY > PART 2.
VOTING MACHINES
§ 21-2-329. Delivery of voting machine keys to chief manager
The
superintendent shall deliver the keys which unlock the operating mechanism and
the registering counters or counter compartment of the voting machine to the
chief manager not later than one hour before the time set for the opening of
the polls and shall take his or her receipt therefor. The keys shall be
enclosed in a sealed envelope on which shall be written or printed:
(1) The
number of the voting machine;
(2) The
designation of the precinct;
(3) The
number of the seal; and
(4) The
number registered on the protective counter or device as reported by the
custodian;
provided,
however, that, if the type of voting machine used requires the simultaneous use
of three keys to unlock the registering counters or counter compartment, only
two of the said keys shall be enclosed in such sealed envelope, the third key
being retained by the custodian or the superintendent.
History
Code
1933, § 34-1212, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1982, p.
1512, § 5; Ga. L. 1987, p. 34, § 1; Ga. L. 1998, p. 295, § 1.
Annotations
Research References & Practice Aids
CROSS REFERENCES. --
Unauthorized making or possession of voting machine key, §
21-2-581.
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, § 307.
C.J.S. --
29 C.J.S., Elections, §§ 261, 337, 338.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
Hierarchy Notes:
Part Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-331
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 9. VOTING MACHINES AND VOTE
RECORDERS GENERALLY > PART 2.
VOTING MACHINES
§ 21-2-331. Designation and compensation of custodians of
voting machines and keys; storage of voting machines when not in use
(a) The
municipal governing authority shall designate a person or persons who shall
have the custody of the voting machines of the municipality and the keys
therefor when the machines are not in use at a primary or election and shall
provide for his or her compensation and for the safe storage and care of the
machines and keys.
(b) All
voting machines, when not in use, shall be properly covered and stored in a
suitable place or places.
History
Code
1933, § 34-1216, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1998, p.
295, § 1; Ga. L. 2005, p. 253, § 44/HB
244.
Annotations
Research References & Practice Aids
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, § 307.
C.J.S. --
29 C.J.S., Elections, §§ 261, 337, 338.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
Hierarchy Notes:
Part Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-330
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 9. VOTING MACHINES AND VOTE
RECORDERS GENERALLY > PART 2.
VOTING MACHINES
§ 21-2-330. Public exhibition of and instruction on sample
voting machine
(a) During
the five days preceding a municipal general primary or election or during the
three days preceding a municipal special primary or election, the
superintendent shall place on public exhibition, in such public places and at
such times as he or she may deem most suitable for the information and
instruction of the electors, one or more voting machines containing the ballot
labels and showing the offices and questions to be voted upon, the names and
arrangements of parties and bodies, and, so far as practicable, the names and
arrangements of the candidates to be voted for. Such machine or machines shall
be under the charge and care of a person competent as custodian and instructor.
No voting machine which is to be assigned for use in a primary or election
shall be used for such public exhibition and instruction after having been
prepared and sealed for the primary or election.
(b) During
such public exhibition and instruction, the counting mechanism of the voting
machine shall be concealed from view and the doors or cover concealing the same
shall be opened, if at all, only temporarily and only upon written
authorization from the superintendent.
(c) Prior
to any primary or election, the superintendent may cause copies of any diagram
or diagrams required to be furnished with voting machines at polling places to
be made, either in full size or in reduced size, and to be posted, published,
advertised, or distributed among the electors in such manner as he or she may
deem desirable.
History
Code
1933, § 34-1213, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1982, p.
3, § 21; Ga. L. 1998, p. 295, § 1; Ga.
L. 2005, p. 253, § 43/HB 244.
Annotations
Research References & Practice Aids
OPINIONS OF THE ATTORNEY
GENERAL
MACHINE NEED NOT BE
ON DISPLAY ENTIRE 30 DAYS. --The public display of a voting machine containing
the ballot labels is to take place during the 30 days preceding a general or
primary election, but there is no requirement that the machine be on display for
the entire 30 days. 1972 Op. Att'y Gen. No. U72-108.
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, § 307.
C.J.S. --
29 C.J.S., Elections, §§ 261, 337, 338.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
Hierarchy Notes:
Part Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-334
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 9. VOTING MACHINES AND VOTE RECORDERS GENERALLY > PART 2. VOTING MACHINES
§ 21-2-334. Voting by paper ballot when use of voting machine
impossible or impracticable
If
a method of nomination or election for any candidate or office, or of voting on
any question is prescribed by law, in which the use of voting machines is not
possible or practicable, or in case, at any primary or election, the number of
candidates seeking nomination or nominated for any office renders the use of
voting machines for such office at such primary or election impracticable, or
if, for any other reason, at any primary or election the use of voting machines
wholly or in part is not practicable, the superintendent may arrange to have
the voting for such candidates or offices or for such questions conducted by
paper ballots. In such cases, paper ballots shall be printed for such
candidates, offices, or questions, and the primary or election shall be
conducted by the poll officers, and the ballots shall be counted and return
thereof made in the manner required by law for such nominations, offices, or
questions, insofar as paper ballots are used.
History
Code 1933, § 34-1214, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1998, p. 295, § 1.
Annotations
Case Notes
JUDICIAL DECISIONS
CITED in Cox v. Williams, 216 Ga. 535, 117 S.E.2d 899 (1961).
Research References & Practice Aids
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, §§ 307, 316.
C.J.S. --
29 C.J.S., Elections, §§ 261, 262, 337, 338.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
Hierarchy Notes:
Part Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-333
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 9. VOTING MACHINES AND VOTE RECORDERS GENERALLY > PART 2. VOTING MACHINES
§ 21-2-333. Responsibility of municipal governing authority
to provide for payment for voting machines; issuance of bonds or other
indebtedness to meet costs
The
governing authority of any municipality which adopts voting machines in a
manner provided for by this article shall, upon the purchase of voting
machines, provide for their payment by the municipality. Bonds or other
evidence of indebtedness may be issued in accordance with the provisions of law
relating to the increase of indebtedness of municipalities to meet all or any
part of the cost of the voting machines.
History
Code 1933, § 34-1207, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1998, p. 295, § 1; Ga. L. 2005, p. 253, § 45/HB 244.
Annotations
Research References & Practice Aids
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, § 307.
C.J.S. --
29 C.J.S., Elections, §§ 261, 337, 338.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
Hierarchy Notes:
Part Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-332
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 9. VOTING MACHINES AND VOTE RECORDERS GENERALLY > PART 2. VOTING MACHINES
§ 21-2-332. Use of portable polling facilities
In
precincts in which voting machines are used, the superintendent may, in his or
her discretion, procure and provide portable polling facilities of adequate
size for any or all of such precincts.
History
Code 1933, § 34-1211, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1982, p. 1512, § 5; Ga. L. 1998, p. 295, § 1.
Annotations
Research References & Practice Aids
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, § 307.
C.J.S. --
29 C.J.S., Elections, §§ 261, 337, 338.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
Hierarchy Notes:
Part Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-328
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 9. VOTING MACHINES AND VOTE
RECORDERS GENERALLY > PART 2.
VOTING MACHINES
§ 21-2-328. Delivery, set up, and sealing of properly
furnished voting machines prior to primary or election; protection of voting
machines against molestation or injury
(a) The
superintendent shall deliver the proper voting machine or voting machines,
properly furnished with ballot labels, to the polling places of the respective
precincts at least one hour before the time set for opening the polls at each
primary or election and shall cause each machine to be set up in the proper
manner for use in voting. Each machine shall then remain sealed until the
examination immediately preceding the opening of the polls prescribed by this
chapter.
(b) The
superintendent shall provide ample protection against molestation of and injury
to the voting machine and, for that purpose, shall call upon any law
enforcement officer to furnish such assistance as may be necessary; and it
shall be the duty of the law enforcement officer to furnish such assistance
when so requested by the superintendent.
(c) The
superintendent shall furnish for each voting machine at least one hour before
the opening of the polls:
(1) A
lamp which shall give sufficient light to enable electors, while in the voting
machine booth, to read the ballot labels, and which shall be suitable for the
use of poll officers in examining the counters; and the lamp shall be prepared
and in good order for use before the opening of the polls;
(2) Two
diagrams, of suitable size, representing such part of the face of such voting
machine as will be in use in the primary or election and accompanied by
directions for voting on the machine; and such diagrams shall be posted
prominently outside the enclosed space within the polling place; and
(3) A
seal for sealing the machine after the polls are closed; an envelope for the
return of the keys, if the construction of the voting machine shall permit
their separate return; and such other election materials and supplies as may be
necessary or as may be required by law.
History
Code
1933, § 34-1210, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1982, p.
1512, § 5; Ga. L. 1998, p. 295, § 1.
Annotations
Research References & Practice Aids
CROSS REFERENCES. --
Penalty for tampering with voting machines, §§ 21-2-566 and
21-2-580.
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, § 307.
C.J.S. --
29 C.J.S., Elections, §§ 261, 337, 338.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
Hierarchy Notes:
Part Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-350
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 9. VOTING MACHINES AND VOTE RECORDERS GENERALLY > PART 3. VOTE RECORDERS AND TABULATING MACHINES
§§ 21-2-350 through 21-2-364.
Reserved.
Repealed by Ga. L. 2002, p. 598, § 2-10, effective April 1, 2003.
Annotations
Notes
EDITOR'S NOTES. --
Ga. L. 2002, p. 598, § 2-10 provided for the repeal of this part effective April 1, 2003. This part consisted of Code Sections 21-2-350 through 21-2-364, relating to voting machines and vote recorders, and was based on Code 1933, §§ 34-1217--34-1230, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1965, p. 226, § 2; Ga. L. 1968, p. 851, §§ 5, 6; Ga. L. 1968, p. 861, § 1; Ga. L. 1968, p. 871, §§ 9, 9a, 16a; Ga. L. 1969, p. 329, §§ 16, 17; Ga. L. 1970, p. 347, §§ 17, 18; Ga. L. 1978, p. 1004, § 22; Ga. L. 1979, p. 955, § 5; Ga. L. 1982, p. 3, § 21; Ga. L. 1982, p. 1292, § 9; Ga. L. 1982, p. 1512, § 5; Ga. L. 1983, p. 140, § 1; Ga. L. 1984, p. 133, § 1; Ga. L. 1984, p. 675, § 1; Ga. L. 1984, p. 1087, §§ 3-7; Ga. L. 1985, p. 206, § 1; Ga. L. 1993, p. 118, § 1; Ga. L. 1994, p. 279, § 6; Ga. L. 1997, p. 590, § 30; Ga. L. 1998, p. 295, § 1; Ga. L. 1998, p. 1231, §§ 12, 36; Ga. L. 2001, p. 230, § 11; Code 1981, § 21-2-354.1, enacted by Ga. L. 2001, p. 240, § 26; Ga. L. 2001, p. 240, §§ 25, 27.
Research References & Practice Aids
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-368
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 9. VOTING MACHINES AND VOTE
RECORDERS GENERALLY > PART 4.
OPTICAL SCANNING VOTING SYSTEMS
§ 21-2-368. Review of manufacturer's systems by Secretary of
State; appointment and compensation of examiners; revocation of approval;
written verification and certification prior to election or primary; penalties;
conflicts of interest
(a) Any
person or organization owning, manufacturing, or selling, or being interested
in the manufacture or sale of, any optical scanning voting system may request
the Secretary of State to examine the optical scanning voting system. Any ten
or more electors of this state may, at any time, request the Secretary of State
to reexamine any optical scanning voting system previously examined and
approved by him or her. Before any such examination or reexamination, the
person, persons, or organization requesting such examination or reexamination
shall pay to the Secretary of State the reasonable expenses of such
examination. The Secretary of State may, at any time, in his or her discretion,
reexamine any optical scanning voting system.
(b) The
Secretary of State shall thereupon examine or reexamine such optical scanning
voting system and shall make and file in his or her office a report, attested
by his or her signature and the seal of his or her office, stating whether, in
his or her opinion, the kind of optical scanning voting system so examined can
be safely and accurately used by electors at primaries and elections as
provided in this chapter. If this report states that the optical scanning
voting system can be so used, the optical scanning voting system shall be
deemed approved; and optical scanning voting systems of its kind may be adopted
for use at primaries and elections as provided in this chapter.
(c) No
kind of optical scanning voting system not so approved shall be used at any
primary or election and if, upon the reexamination of any optical scanning
voting system previously approved, it shall appear that the optical scanning
voting system so reexamined can no longer be safely or accurately used by
electors at primaries or elections as provided in this chapter because of any
problem concerning its ability to accurately record or tabulate votes, the
approval of the same shall immediately be revoked by the Secretary of State;
and no such optical scanning voting system shall thereafter be purchased for use
or be used in this state.
(d) At
least ten days prior to any primary or election, including special primaries,
special elections, and referendum elections, the election superintendent shall
verify and certify in writing to the Secretary of State that all voting will
occur on equipment certified by the Secretary of State.
(e) Any
vendor who completes a sale of optical scanning voting system that has not been
certified by the Secretary of State to a governmental body in this state shall
be subject to a penalty of $100,000.00, payable to the State of Georgia, plus
reimbursement of all costs and expenses incurred by the governmental body in
connection with the sale. The State Election Board shall have authority to
impose such penalty upon a finding that such a sale has occurred.
(f) When
an optical scanning voting system has been so approved, no improvement or
change that does not impair its accuracy, efficiency, or capacity shall render
necessary a reexamination or reapproval of the optical scanning voting system,
or of its kind.
(g) Neither
the Secretary of State, nor any custodian, nor the governing authority of any
county or municipality or a member of such authority nor any other person
involved in the examination process shall have any pecuniary interest in any
optical scanning voting system or in the manufacture or sale thereof.
History
Code
1981, § 21-2-368, enacted by Ga. L. 1998, p. 1231, § 37; Ga. L. 1999, p. 29, §
1; Ga. L. 2001, p. 240, § 28.
Annotations
Research References & Practice Aids
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
Hierarchy Notes:
Part Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-367
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 9. VOTING MACHINES AND VOTE
RECORDERS GENERALLY > PART 4.
OPTICAL SCANNING VOTING SYSTEMS
§ 21-2-367. Installation of systems; number of systems; good
working order
(a) When
the use of optical scanning voting systems has been authorized in the manner
prescribed in this part, such optical scanning voting systems shall be
installed, either simultaneously or gradually, within the county or
municipality.
(b) In
each precinct in which optical scanning voting systems are used, the county or
municipal governing authority, as appropriate, shall provide at least one
voting booth or enclosure for each 250 electors therein, or fraction
thereof.
(c) Reserved.
(d) The
county or municipal governing authority, as appropriate, shall provide optical
scanning voting systems in good working order and of sufficient capacity to
accommodate the names of a reasonable number of candidates for all party
offices and nominations and public offices which, under the provisions of
existing laws and party rules, are likely to be voted for at any future primary
or election.
History
Code
1981, § 21-2-367, enacted by Ga. L. 1998, p. 1231, § 37; Ga. L. 1999, p. 29, §
1; Ga. L. 2005, p. 253, § 46/HB
244; Ga. L. 2019, p. 7, § 20/HB 316.
Annotations
Notes
THE 2019 AMENDMENT,
effective April 2, 2019, deleted the second sentence in subsection (a), which
read: "Upon the installation of optical scanning voting systems in any
precinct, the use of paper ballots or other voting machines or apparatus
therein shall be discontinued, except as otherwise provided by this
chapter."; substituted "250 electors" for "200
electors" in subsection (b); and substituted "Reserved" for
"Optical scanning voting systems of different kinds may be used for
different precincts in the same county or municipality" in subsection
(c).
Research References & Practice Aids
LAW REVIEWS. --
For article on the 2019 amendment of this Code section, see
36 Ga. St. U.L. Rev. 81 (2019).
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
Hierarchy Notes:
Part Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-369
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 9. VOTING MACHINES AND VOTE
RECORDERS GENERALLY > PART 4.
OPTICAL SCANNING VOTING SYSTEMS
§ 21-2-369. Printing of ballots; arrangement
(a) The
ballots shall be printed in black ink upon clear, white, or colored material,
of such size and arrangement as will suit the construction of the ballot
scanner, and in plain, clear type so as to be easily readable by persons with
normal vision; provided, however, that red material shall not be used except
that all ovals appearing on the ballot to indicate where a voter should mark to
cast a vote may be printed in red ink.
(b) The
arrangement of offices, names of candidates, and questions upon the ballots
shall conform as nearly as practicable to this chapter for the arrangement of
same on paper ballots; provided, however, that such form may be varied in order
to present a clear presentation of candidates and questions to the electors and
that the ballots shall not be required to have a name stub.
(c) The
form and arrangement of ballots shall be prescribed by the Secretary of State
and prepared by the superintendent.
History
Code
1981, § 21-2-369, enacted by Ga. L. 1998, p. 1231, § 37; Ga. L. 1999, p. 29, §
1; Ga. L. 2003, p. 517, § 30; Ga. L.
2005, p. 253, § 47/HB 244; Ga. L. 2019,
p. 7, § 21/HB 316.
Annotations
Notes
THE 2019 AMENDMENT,
effective April 2, 2019, substituted "ballot scanner" for
"optical scanner" near the middle of subsection (a).
Research References & Practice Aids
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
Hierarchy Notes:
Part Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-365
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 9. VOTING MACHINES AND VOTE
RECORDERS GENERALLY > PART 4.
OPTICAL SCANNING VOTING SYSTEMS
§ 21-2-365. Requirements for use of optical scanning voting
systems
No
optical scanning voting system shall be adopted or used unless it shall, at the
time, satisfy the following requirements:
(1) It shall provide facilities for
voting for such candidates as may be nominated and upon such questions as may
be submitted;
(2) It shall permit each elector, in one
operation per ballot, to vote for all the candidates of one party or body for
presidential electors;
(3) Except as provided in paragraph (2)
of this Code section for presidential electors, it shall permit each elector,
at other than primaries, to vote a ticket selected from the nominees of any and
all parties or bodies, from independent nominations, and from persons not in
nomination;
(4) It
shall permit each elector to vote, at any election, for any person and for any
office for whom and for which he or she is lawfully entitled to vote, whether
or not the name of such person or persons appears upon a ballot as a candidate
for election; to vote for as many persons for an office as he or she is
entitled to vote for; and to vote for or against any question upon which he or
she is entitled to vote;
(5) A
ballot scanner shall preclude the counting of votes for any candidate or upon
any question for whom or upon which an elector is not entitled to vote; shall
preclude the counting of votes for more persons for any office than he or she
is entitled to vote for; and shall preclude the counting of votes for any
candidate for the same office or upon any question more than once;
(6) It
shall permit voting in absolute secrecy so that no person can see or know for
whom any other elector has voted or is voting, save an elector whom he or she
has assisted or is assisting in voting, as prescribed by law;
(7) It
shall be constructed of material of good quality in a neat and workmanlike
manner;
(8) It
shall, when properly operated, record correctly and accurately every vote
cast;
(9) It
shall be so constructed that an elector may readily learn the method of
operating it; and
(10) It
shall be safely transportable.
History
Code
1981, § 21-2-365, enacted by Ga. L. 1998, p. 1231, § 37; Ga. L. 1999, p. 29, §
1; Ga. L. 2019, p. 7, § 19/HB 316.
Annotations
Notes
THE 2019 AMENDMENT,
effective April 2, 2019, substituted "A ballot scanner" for "An
optical scanning tabulator" at the beginning of paragraph (5).
EDITOR'S NOTES. --
Ga L. 1998, p. 1231, § 13, effective April 20, 1998, and Ga.
L. 1998, p. 265, § 1, repealed former Code Section 21-2-365, which was based on
Code 1981, § 21-2-365, enacted by Ga. L. 1988, p. 964, § 2, relating to the use
of optical scan voting systems.
Research References & Practice Aids
ADMINISTRATIVE RULES AND
REGULATIONS. --
Ballot secrecy, Official Compilation of the Rules and
Regulations of the State of Georgia, Georgia Election Code, Ballots, §
183-1-11-.01.
LAW REVIEWS. --
For article on the 2019 amendment of this Code section, see
36 Ga. St. U.L. Rev. 81 (2019).
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
Hierarchy Notes:
Part Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-366
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 9. VOTING MACHINES AND VOTE RECORDERS GENERALLY > PART 4. OPTICAL SCANNING VOTING SYSTEMS
§ 21-2-366. Authorization for utilization of optical
scanning systems
The
governing authority of any county or municipality may, at any regular meeting
or at a special meeting called for the purpose, by a majority vote authorize
and direct the use of optical scanning voting systems for recording and
computing the vote at elections held in the county or municipality. If so
authorized and directed, the governing authority shall purchase, lease, rent,
or otherwise procure optical scanning voting systems conforming to the
requirements of this part.
History
Code 1981, § 21-2-366, enacted by Ga. L. 1998, p. 1231, § 37; Ga. L. 1999, p. 29, § 1.
Annotations
Research References & Practice Aids
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
Hierarchy Notes:
Part Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. TITLE 21 Chapter 2 Article 9 Part 4
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 9. VOTING MACHINES AND VOTE RECORDERS GENERALLY > PART 4. OPTICAL SCANNING VOTING SYSTEMS
TITLE 21 Chapter 2 Article 9 Part 4 NOTE
Annotations
Notes
EDITOR'S NOTES. --
Ga. L. 1998, p. 295, § 1, effective January 1, 1999, repealed Code Section 21-2-365, based on Code 1981, § 21-2-365, enacted by Ga. L. 1988, p. 964, § 2. Section 14 of Ga. L. 1998, p. 1231, enacted a Part 4 which was reenacted by § 37 of Ga. L. 1998, p. 1231, effective January 1, 1999.
EDITOR'S NOTES. --
In light of the similarity of the statutory provisions, annotations decided under former Code 1933, § 34-1220 are included in the annotations for this Code section.
Case Notes
JUDICIAL DECISIONS
IT IS THE DUTY OF THE VOTER TO MAKE THE VOTER'S INTENTION CLEAR and certain, upon pain of having the vote cast out if that does not appear. Blackburn v. Hall, 115 Ga. App. 235, 154 S.E.2d 392 (1967) (decided under former Code 1933, § 34-1220).
Research References & Practice Aids
CROSS REFERENCES. --
Precincts using optical scanning voting equipment, § 21-2-480 et seq.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-375
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 9. VOTING MACHINES AND VOTE
RECORDERS GENERALLY > PART 4.
OPTICAL SCANNING VOTING SYSTEMS
§ 21-2-375. Delivery of equipment to polling places;
protection for equipment; required accessories
(a) In
counties using precinct count ballot scanners, the superintendent shall deliver
the proper ballot scanner to the polling places at least one hour before the
time set for opening of the polls at each primary or election and shall cause
each to be set up in the proper manner for use in voting.
(b) The
superintendent shall provide ample protection against molestation of and injury
to the ballot scanner and, for that purpose, shall call upon any law
enforcement officer to furnish such assistance as may be necessary; and it
shall be the duty of the law enforcement officer to furnish such assistance
when so requested by the superintendent.
(c) The
superintendent shall at least one hour before the opening of the polls:
(1) Provide
sufficient lighting to enable electors, while in the voting booth, to read the
ballot, which lighting shall be suitable for the use of poll officers in
examining the booth; and such lighting shall be in good working order before
the opening of the polls;
(2) Prominently
post directions for voting within the voting booth and post within the enclosed
space signs reminding electors to verify their ballot choices prior to
inserting the scanning ballot into the ballot scanner and stating that sample
ballots are available for review upon request; at least two sample ballots in
use for the primary or election shall be posted prominently outside the
enclosed space within the polling place and additional sample ballots shall be
available upon request;
(3) Ensure
that the precinct count ballot scanner shall have a seal securing the memory
pack in use throughout the election day; such seal shall not be broken unless
the ballot scanner is replaced due to malfunction; and
(4) Provide
such other materials and supplies as may be necessary or as may be required by
law.
History
Code
1981, § 21-2-375, enacted by Ga. L. 1998, p. 1231, § 37; Ga. L. 1999, p. 29, §
1; Ga. L. 2019, p. 7, § 24/HB 316.
Annotations
Notes
THE 2019 AMENDMENT,
effective April 2, 2019, substituted "ballot scanner" for
"optical scanning tabulator" and "ballot scanners" for
"optical scanning tabulators" throughout this Code section; in
paragraph (c)(2), deleted "on the optical scanning ballot" following "directions
for voting" near the beginning, inserted "and post within the
enclosed space signs reminding electors to verify their ballot choices prior to
inserting the scanning ballot into the ballot scanner and stating that sample
ballots are available for review upon request" near the middle, and
inserted "and additional sample ballots shall be available upon
request" at the end; and substituted "ballot scanner" for
"tabulator" near the end of paragraph (c)(3).
Research References & Practice Aids
LAW REVIEWS. --
For article on the 2019 amendment of this Code section, see
36 Ga. St. U.L. Rev. 81 (2019).
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
Hierarchy Notes:
Part Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-374
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 9. VOTING MACHINES AND VOTE
RECORDERS GENERALLY > PART 4.
OPTICAL SCANNING VOTING SYSTEMS
§ 21-2-374. Proper programming; proper order; testing;
supplies
(a) The
superintendent of each county or municipality shall order the proper
programming to be placed in each ballot scanner used in any precinct or central
tabulating location.
(b) On
or before the third day preceding a primary or election, including special
primaries, special elections, and referendum elections, the superintendent
shall have the ballot scanners tested to ascertain that they will correctly
count the votes cast for all offices and on all questions. Public notice of the
time and place of the test shall be made at least five days prior thereto;
provided, however, that, in the case of a runoff, the public notice shall be
made at least three days prior thereto. Representatives of political parties
and bodies, candidates, news media, and the public shall be permitted to
observe such tests. The test shall be conducted by processing a preaudited
group of ballots so marked as to record a predetermined number of valid votes
for each candidate and on each question and shall include for each office one or
more ballots which are improperly marked and one or more ballots which have
votes in excess of the number allowed by law in order to test the ability of
the ballot scanner to reject such votes. The ballot scanner shall not be
approved unless it produces an errorless count. If any error is detected, the
cause therefor shall be ascertained and corrected; and an errorless count shall
be made before the ballot scanner is approved. The superintendent shall cause
the pretested ballot scanners to be placed at the various polling places to be
used in the primary or election. The superintendent shall require that each
ballot scanner be thoroughly tested and inspected prior to each primary and
election in which it is used and shall keep such tested material as certification
of an errorless count on each ballot scanner. In counties using central count
ballot scanners, the same test shall be repeated immediately before the start
of the official count of the ballots and at the conclusion of such count.
Precinct ballot scanners shall produce a zero tape prior to any ballots being
inserted on the day of any primary or election.
(c) In
every primary or election, the superintendent shall furnish, at the expense of
the county or municipality, all ballots, forms of certificates, and other
papers and supplies required under this chapter and which are not furnished by
the Secretary of State, all of which shall be in the form and according to the
specifications prescribed, from time to time, by the Secretary of State.
History
Code
1981, § 21-2-374, enacted by Ga. L. 1998, p. 1231, § 37; Ga. L. 1999, p. 29, §
1; Ga. L. 2000, p. 135, § 1; Ga. L. 2001, p. 240, § 30; Ga. L. 2005, p. 253, § 48/HB 244; Ga. L. 2007, p. 64, § 1/SB 124; Ga. L. 2019, p. 7, § 23/HB 316.
Annotations
Notes
THE 2019 AMENDMENT,
effective April 2, 2019, substituted "ballot scanner" for
"tabulator" in subsection (a) and "ballot scanners" for
"tabulators", "ballot scanner" for "optical scanning
tabulator", and "ballot scanners" for "optical scanning
tabulators" throughout subsection (b).
Research References & Practice Aids
LAW REVIEWS. --
For article on the 2019 amendment of this Code section, see
36 Ga. St. U.L. Rev. 81 (2019).
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
Hierarchy Notes:
Part Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-370
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 9. VOTING MACHINES AND VOTE RECORDERS GENERALLY > PART 4. OPTICAL SCANNING VOTING SYSTEMS
§ 21-2-370. Separate optical scanners for primary elections
Reserved.
Repealed by Ga. L. 1999, p. 29, § 1, effective July 1, 1999.
Annotations
Notes
EDITOR'S NOTES. --
This Code section was based on Code 1981, § 21-2-370, enacted by Ga. L. 1998, p. 1231, § 37.
Research References & Practice Aids
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
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OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-371
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 9. VOTING MACHINES AND VOTE
RECORDERS GENERALLY > PART 4.
OPTICAL SCANNING VOTING SYSTEMS
§ 21-2-371. Unofficial ballots; out-of-order systems
(a) If
ballots for a precinct at which an optical scanning voting system is to be used
shall not be delivered to the poll officers as required by this chapter, the
chief manager of such precinct shall cause other ballots to be prepared,
printed, or written, as nearly in the form of official ballots as practicable;
and the poll officers shall cause the ballots, so substituted, to be used at
the primary or election, in the same manner, as nearly as may be, as the
official ballots. Such ballots, so substituted, shall be known as unofficial
ballots.
(b) If
any optical scanning voting system being used in any primary or election shall
become out of order during such primary or election, it shall, if possible, be
repaired or another optical scanning voting system substituted by the custodian
or superintendent as promptly as possible, for which purpose the governing
authority of the county or municipality may purchase as many extra optical
scanning voting systems as it may deem necessary; but, in case such repair or
substitution cannot be made, the ballots may be voted manually.
History
Code
1981, § 21-2-371, enacted by Ga. L. 1998, p. 1231, § 37; Ga. L. 1999, p. 29, §
1.
Annotations
Research References & Practice Aids
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
Hierarchy Notes:
Part Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-369.1
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 9. VOTING MACHINES AND VOTE RECORDERS GENERALLY > PART 4. OPTICAL SCANNING VOTING SYSTEMS
§ 21-2-369.1. Candidates with similar names
If
two or more candidates for the same nomination or office shall have the same or
similar names, the Secretary of State, in the case of federal or state offices,
the superintendent of elections, in the case of county offices, or the official
with whom such candidates qualify, in the case of municipal elections, shall
print or cause to be printed the residence of all candidates for such
nomination or office on the ballot under their names. The designated official
shall determine whether the names of the candidates are of such a similar
nature as to warrant printing the residence of all candidates for that office
on the ballot; and the decision of the designated official shall be conclusive.
History
Code 1981, § 21-2-369.1, enacted by Ga. L. 2001, p. 240, § 29.
Annotations
Notes
EDITOR'S NOTES. --
In light of the similarity of the statutory provisions, opinions decided under former Code Section 21-2-354 are included in the annotations for this Code section.
Research References & Practice Aids
OPINIONS OF THE ATTORNEY GENERAL
NAME OF CANDIDATE. --Titles such as "Dr.", "Rev.", "Judge", "Mr.", "Ms.", "Mrs.", or "Miss" are not a part of a person's name and should not be placed on the ballot as a part of the candidate's name. 1984 Op. Att'y Gen. No. 84-51 (decided under former O.C.G.A. § 21-2-354).
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OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-372
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 9. VOTING MACHINES AND VOTE RECORDERS GENERALLY > PART 4. OPTICAL SCANNING VOTING SYSTEMS
§ 21-2-372. Ballot description
Ballots
shall be of suitable design, size, and stock to permit processing by a ballot
scanner and shall be printed in black ink on clear, white, or colored material.
History
Code 1981, § 21-2-372, enacted by Ga. L. 1998, p. 1231, § 37; Ga. L. 1999, p. 29, § 1; Ga. L. 2019, p. 7, § 22/HB 316.
Annotations
Notes
THE 2019 AMENDMENT, effective April 2, 2019, substituted the present provisions of this Code section for the former provisions, which read: "Ballots shall be of suitable design, size, and stock to permit processing by a tabulating machine and shall be printed in black ink on clear, white, or colored material. In counties using a central count tabulating system, a serially numbered strip shall be attached to each ballot in a manner and form similar to that prescribed in this chapter for paper ballots."
Research References & Practice Aids
LAW REVIEWS. --
For article on the 2019 amendment of this Code section, see 36 Ga. St. U.L. Rev. 81 (2019).
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OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-373
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 9. VOTING MACHINES AND VOTE RECORDERS GENERALLY > PART 4. OPTICAL SCANNING VOTING SYSTEMS
§ 21-2-373. Write-in votes; secrecy
In
elections, electors shall be permitted to cast write-in votes. The design of
the ballot shall permit the superintendents, in counting the write-in votes, to
determine readily whether an elector has cast any write-in vote not authorized
by law. The Secretary of State, in specifying the form of the ballot, and the
State Election Board, in promulgating rules and regulations respecting the
conduct of elections, shall provide for ballot secrecy in connection with
write-in votes.
History
Code 1981, § 21-2-373, enacted by Ga. L. 1998, p. 1231, § 37; Ga. L. 1999, p. 29, § 1.
Annotations
Notes
EDITOR'S NOTES. --
In light of the similarity of the statutory provisions, decisions under former Code 1933, § 34-1224 are included in the annotations for this Code section.
Research References & Practice Aids
CROSS REFERENCES. --
Exceptions to right to register and vote, Ga. Const. 1983, Art. II, Sec. I, Para. III. Procedure for counting write-in votes, § 21-2-437.
ADMINISTRATIVE RULES AND REGULATIONS. --
Ballot secrecy, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Election Code, Ballots, § 183-1-11-.01.
OPINIONS OF THE ATTORNEY GENERAL
UNSHACKLED RIGHT OF VOTERS TO CAST WRITE-IN VOTES HAS LONG BEEN RECOGNIZED as a matter of Georgia law. 1980 Op. Att'y Gen. No. 80-120 (decided under former Code 1933, § 34-1224).
WRITE-IN VOTE BY VOTE RECORDER CONSISTING OF CANDIDATE'S LAST NAME AND OFFICE CANDIDATE SEEKS IS VALID. 1980 Op. Att'y Gen. No. 80-120 (decided under former Code 1933, § 34-1224).
USE OF STICKERS, PASTERS, AND STAMPS is not permitted in casting a write-in vote when voting machines or vote recorders are used. 1965-66 Op. Att'y Gen. No. 66-230 (decided under former Code 1933, § 34-1224).
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OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-376
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 9. VOTING MACHINES AND VOTE RECORDERS GENERALLY > PART 4. OPTICAL SCANNING VOTING SYSTEMS
§ 21-2-376. Demonstration of equipment
During
the 30 days next preceding a general primary or election or during the ten days
next preceding a special primary or election, the superintendent shall place on
public exhibition, in such public places and at such times as he or she may
deem most suitable for the information and instruction of the electors, one or
more sets of sample ballots that will be used in such election. The sample
ballots shall show the offices and questions to be voted upon, the names and
arrangements of parties and bodies, and the names and arrangements of the
candidates to be voted for. Such ballots shall be under the charge and care of
a person competent as an instructor.
History
Code 1981, § 21-2-376, enacted by Ga. L. 1998, p. 1231, § 37; Ga. L. 1999, p. 29, § 1.
Annotations
Research References & Practice Aids
ADMINISTRATIVE RULES AND REGULATIONS. --
Direct recording electronic voting equipment, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Election Code, Voting Machines -- Vote Recorders, § 183-1-12-.02.
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OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-379.3
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 9. VOTING MACHINES AND VOTE
RECORDERS GENERALLY > PART 5.
ELECTRONIC RECORDING VOTING SYSTEMS
§ 21-2-379.3. State furnishing direct recording voting
systems; purchase by municipalities or counties
(a) The
state shall furnish a uniform system of direct recording electronic (DRE)
equipment for use in each county by 2004. The governing authority of a
municipality may elect to acquire its own DRE equipment by purchase, lease,
rental, or other procurement process at its own expense. The governing
authority of a county may purchase, lease, or otherwise acquire more of the
type of DRE equipment furnished by the state, if the governing authority so
desires, at its own expense.
(b) The
governing authority of a municipality or a county desiring to acquire such
equipment may at any regular meeting or at a special meeting called for the
purpose, by a majority vote, authorize and direct the acquisition of such
equipment. Bonds or other evidence of indebtedness may be issued in accordance
with the provisions of law relating to the increase of indebtedness of counties
and municipalities to meet all or any part of the cost of such DRE voting
systems.
History
Code
1981, § 21-2-379.3, enacted by Ga. L. 1998, p. 1231, § 37; Ga. L. 2002, p. 598,
§ 1-2.
Annotations
Research References & Practice Aids
ADMINISTRATIVE RULES AND
REGULATIONS. --
Conduct of elections, Official Compilation of the Rules and
Regulations of the State of Georgia, Georgia Election Code, Voting Machines --
Vote Recorders, § 183-1-12-.01.
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OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-377
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 9. VOTING MACHINES AND VOTE
RECORDERS GENERALLY > PART 4.
OPTICAL SCANNING VOTING SYSTEMS
§ 21-2-377. Custody and storage when not in use
(a) The
superintendent shall designate a person or persons who shall have custody of
the ballot scanners of the county or municipality when they are not in use at a
primary or election and shall provide for his or her compensation and for the
safe storage and care of the ballot scanners.
(b) All
ballot scanners, when not in use, shall be properly covered and stored in a
suitable place or places.
History
Code
1981, § 21-2-377, enacted by Ga. L. 1998, p. 1231, § 37; Ga. L. 1999, p. 29, §
1; Ga. L. 2019, p. 7, § 25/HB 316.
Annotations
Notes
THE 2019 AMENDMENT,
effective April 2, 2019, substituted "ballot scanners" for
"optical scanning tabulators" throughout this Code section.
Research References & Practice Aids
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OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-378
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 9. VOTING MACHINES AND VOTE RECORDERS GENERALLY > PART 4. OPTICAL SCANNING VOTING SYSTEMS
§ 21-2-378. Payment for systems
The
governing authority of any county or municipality which adopts optical scanning
voting systems in the manner provided for by this part shall, upon the purchase
of optical scanning voting systems, provide for their payment by the county or
municipality. Bonds or other evidence of indebtedness may be issued in
accordance with the provisions of law relating to the increase of indebtedness
of counties or municipalities to meet all or any part of the cost of the
optical scanning voting systems.
History
Code 1981, § 21-2-378, enacted by Ga. L. 1998, p. 1231, § 37; Ga. L. 1999, p. 29, § 1.
Annotations
Research References & Practice Aids
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OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-379.2
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 9. VOTING MACHINES AND VOTE
RECORDERS GENERALLY > PART 5.
ELECTRONIC RECORDING VOTING SYSTEMS
§ 21-2-379.2. Review of manufacturer's recording electronic
voting system by Secretary of State; appointment and compensation of examiners;
revocation of approval; penalties; conflicts of interest
(a) Any
person or organization owning, manufacturing, or selling, or being interested
in the manufacture or sale of, any direct recording electronic voting system
may request the Secretary of State to examine the system. Any ten or more
electors of this state may, at any time, request the Secretary of State to
reexamine any such system previously examined and approved by him or her.
Before any such examination or reexamination, the person, persons, or
organization requesting such examination or reexamination shall pay to the
Secretary of State the reasonable expenses of such examination. The Secretary
of State may, at any time, in his or her discretion, reexamine any such
system.
(b) The
Secretary of State shall thereupon examine or reexamine such direct recording
electronic voting system and shall make and file in his or her office a report,
attested by his or her signature and the seal of his or her office, stating
whether, in his or her opinion, the kind of system so examined can be safely
and accurately used by electors at primaries and elections as provided in this
chapter. If this report states that the system can be so used, the system shall
be deemed approved; and systems of its kind may be adopted for use at primaries
and elections as provided in this chapter.
(c) No
kind of direct recording electronic voting system not so approved shall be used
at any primary or election and if, upon the reexamination of any such system
previously approved, it shall appear that the system so reexamined can no longer
be safely or accurately used by electors at primaries or elections as provided
in this chapter because of any problem concerning its ability to accurately
record or tabulate votes, the approval of the same shall immediately be revoked
by the Secretary of State; and no such system shall thereafter be purchased for
use or be used in this state.
(d) Reserved.
(e) Any
vendor who completes a sale of a direct recording electronic voting system that
has not been certified by the Secretary of State to a governmental body in this
state shall be subject to a penalty of $100,000.00, payable to the State of
Georgia, plus reimbursement of all costs and expenses incurred by the
governmental body in connection with the sale. The State Election Board shall
have authority to impose such penalty upon a finding that such a sale has
occurred.
(f) When
a direct recording electronic voting system has been so approved, no
improvement or change that does not impair its accuracy, efficiency, or
capacity shall render necessary a reexamination or reapproval of such system,
or of its kind.
(g) Neither
the Secretary of State, nor any custodian, nor the governing authority of any
county or municipality or a member of such authority nor any other person
involved in the examination process shall have any pecuniary interest in any
direct recording electronic voting system or in the manufacture or sale
thereof.
History
Code
1981, § 21-2-379.2, enacted by Ga. L. 1998, p. 1231, § 37; Ga. L. 2001, p. 240,
§ 31; Ga. L. 2008, p. 261, § 1/SB
456; Ga. L. 2011, p. 683, § 9/SB 82.
Annotations
Case Notes
JUDICIAL DECISIONS
DIRECT RECORDING
ELECTRONIC EQUIPMENT. --Trial court did not err in granting the Secretary of
State, the Governor, and the Georgia State Election Board summary judgment in
voters' action challenging the use of direct recording electronic (DRE)
equipment because touch-screen machines accurately recorded each vote when the
machines were properly operated, and uncontroverted evidence showed that the
Secretary of State had properly certified the DRE voting system pursuant to
O.C.G.A. § 21-2-379.2. Favorito v. Handel, 285 Ga. 795, 684 S.E.2d 257
(2009).
Research References & Practice Aids
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OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. TITLE 21 Chapter 2 Article 9 Part 5
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 9. VOTING MACHINES AND VOTE RECORDERS GENERALLY > PART 5. ELECTRONIC RECORDING VOTING SYSTEMS
TITLE 21 Chapter 2 Article 9 Part 5 NOTE
Annotations
Notes
EDITOR'S NOTES. --
Ga. L. 1998, p. 1231, § 14, effective April 20, 1998, enacted this part. This part was then reenacted by Ga. L. 1998, p. 1231, § 37, effective January 1, 1999.
Research References & Practice Aids
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OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-379
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 9. VOTING MACHINES AND VOTE RECORDERS GENERALLY > PART 4. OPTICAL SCANNING VOTING SYSTEMS
§ 21-2-379. Arrangements for appropriate ballots when use of
optical scanning voting systems impracticable
If
a method of nomination or election for any candidate or office, or of voting on
any question is prescribed by law, in which the use of optical scanning voting
systems is not possible or practicable, or in case, at any primary or election,
the number of candidates seeking nomination or nominated for any office renders
the use of optical scanning voting systems for such office at such primary or
election impracticable, or if, for any other reason, at any primary or election
the use of optical scanning voting systems wholly or in part is not
practicable, the superintendent may arrange to have the voting for such
candidates or offices or for such questions conducted by any other lawful
method authorized in this chapter. In such cases, appropriate ballots shall be
printed for such candidates, offices, or questions, and the primary or election
shall be conducted by the poll officers, and the ballots shall be counted and
return thereof made in the manner required by law for such method.
History
Code 1981, § 21-2-379, enacted by Ga. L. 1998, p. 1231, § 37; Ga. L. 1999, p. 29, § 1.
Annotations
Research References & Practice Aids
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OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-379.1
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 9. VOTING MACHINES AND VOTE
RECORDERS GENERALLY > PART 5.
ELECTRONIC RECORDING VOTING SYSTEMS
§ 21-2-379.1. Requirements for use of direct recording
electronic voting systems
No
direct recording electronic voting system shall be adopted or used unless it
shall, at the time, satisfy the following requirements:
(1) It shall provide facilities for
voting for such candidates as may be nominated and upon such questions as may
be submitted;
(2) It shall permit each elector, in one
operation, to vote for all the candidates of one party or body for presidential
electors;
(3) Except as provided in paragraph (2)
of this Code section for presidential electors, it shall permit each elector,
at other than primaries, to vote a ticket selected from the nominees of any and
all parties or bodies, from independent nominations, and from persons not in
nomination;
(4) It shall permit each elector to
vote, at any election, for any person and for any office for whom and for which
he or she is lawfully entitled to vote, whether or not the name of such person
or persons appears as a candidate for election; to vote for as many persons for
an office as he or she is entitled to vote for; and to vote for or against any
question upon which he or she is entitled to vote;
(5) It
shall preclude the counting of votes for any candidate or upon any question for
whom or upon which an elector is not entitled to vote; shall preclude the
counting of votes for more persons for any office than he or she is entitled to
vote for; and shall preclude the counting of votes for any candidate for the
same office or upon any question more than once;
(6) It shall permit voting in absolute
secrecy so that no person can see or know for whom any other elector has voted
or is voting, save an elector whom he or she has assisted or is assisting in
voting, as prescribed by law;
(7) It
shall be constructed of material of good quality in a neat and workmanlike manner;
(8) It
shall, when properly operated, record correctly and accurately every vote
cast;
(9) It
shall be so constructed that an elector may readily learn the method of
operating it; and
(10) It
shall be safely transportable.
History
Code
1981, § 21-2-379.1, enacted by Ga. L. 1998, p. 1231, § 37; Ga. L. 2008, p. 261, § 1/SB 456.
Annotations
Case Notes
JUDICIAL DECISIONS
DIRECT RECORDING
ELECTRONIC EQUIPMENT. --Trial court did not err in granting the Secretary of
State, the Governor, and the Georgia State Election Board summary judgment in
voters' action challenging the use of direct recording electronic (DRE)
equipment because touch-screen machines accurately recorded each vote when the
machines were properly operated, and uncontroverted evidence showed that the
Secretary of State had properly certified the DRE voting system pursuant to
O.C.G.A. § 21-2-379.2. Favorito v. Handel, 285 Ga. 795, 684 S.E.2d 257 (2009).
Research References & Practice Aids
ADMINISTRATIVE RULES AND
REGULATIONS. --
Ballot secrecy, Official Compilation of the Rules and
Regulations of the State of Georgia, Georgia Election Code, Ballots, § 183-1-11-.01.
ALR. --
Electronic voting systems, 12 A.L.R.6th 523.
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OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-379.4
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 9. VOTING MACHINES AND VOTE
RECORDERS GENERALLY > PART 5.
ELECTRONIC RECORDING VOTING SYSTEMS
§ 21-2-379.4. Ballot appearance; write in votes on DRE
systems
(a) The
ballots for direct recording electronic (DRE) voting systems shall be of such
size and arrangement as will suit the construction of the DRE screen and shall
be in plain, clear type that is easily readable by persons with normal vision.
If the equipment has the capacity for color display, the names of all
candidates in a particular race shall be displayed in the same color, font, and
size and the political party or body affiliation of candidates may be displayed
in a color different from that used to display the names of the candidates, but
all political party or body affiliations shall be displayed in the same color.
All candidates' names and political parties shall be printed in the same size
and font. All ballot questions and constitutional amendments shall be displayed
in the same color.
(b) The
arrangement of offices, names of candidates, and questions upon the ballots
shall conform as nearly as practicable to this chapter for the arrangement of
such offices, names of candidates, and questions on paper ballots.
(c) Electors
shall be permitted to cast write-in votes on DRE voting systems as provided in
Code Section 21-2-133. The design of the ballot shall permit the election
superintendent and poll workers when obtaining the vote count from such systems
to determine readily whether an elector has cast any write-in vote not
authorized by law.
(d) The
form and arrangement of ballots shall be prescribed by the Secretary of State
and prepared by the election superintendent.
History
Code
1981, § 21-2-379.4, enacted by Ga. L. 1998, p. 1231, § 37; Ga. L. 2002, p. 598,
§ 1-3; Ga. L. 2003, p. 151, § 1.
Annotations
Research References & Practice Aids
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OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-379.6
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 9. VOTING MACHINES AND VOTE
RECORDERS GENERALLY > PART 5.
ELECTRONIC RECORDING VOTING SYSTEMS
§ 21-2-379.6. Maintenance of voting systems and supplies
(a) The
superintendent of each county or municipality shall cause the proper ballot
design and style to be programmed for each direct recording electronic (DRE)
unit which is to be used in any precinct within such county or municipality,
cause each such unit to be placed in proper order for voting, examine each unit
before it is sent to a polling place, verify that each registering mechanism is
set at zero, and properly secure each unit so that the counting machinery
cannot be operated until later authorized.
(b) The
superintendent may appoint, with the approval of the county or municipal
governing authority, as appropriate, a custodian of the DRE units, and deputy
custodians as may be necessary, whose duty shall be to prepare the units to be
used in the county or municipality at the primaries and elections to be held
therein. Each custodian and deputy custodian shall receive from the county or
municipality such compensation as shall be fixed by the governing authority of
the county or municipality. Such custodian shall, under the direction of the
superintendent, have charge of and represent the superintendent during the
preparation of the units as required by this chapter. The custodian and deputy
custodians shall serve at the pleasure of the superintendent. Each custodian
shall take an oath of office prepared by the Secretary of State before each
primary or election which shall be filed with the superintendent.
(c) On
or before the third day preceding a primary or election, including special
primaries, special elections, and referendum elections, the superintendent
shall have each DRE unit tested to ascertain that it will correctly count the
votes cast for all offices and on all questions in a manner that the State
Election Board shall prescribe by rule or regulation. On or before the third
day preceding a primary runoff or election runoff, including special primary
runoffs and special election runoffs, the superintendent shall test a number of
DRE units at random to ascertain that the units will correctly count the votes
cast for all offices. If the total number of DRE units in the county or
municipality is 30 units or less, all of the units shall be tested. If the
total number of DRE units in the county or municipality is more than 30 but not
more than 100, then at least one-half of the units shall be tested at random.
If there are more than 100 DRE units in the county or municipality, the
superintendent shall test at least 15 percent of the units at random. In no
event shall the superintendent test less than one DRE unit per precinct. All
memory cards to be used in the runoff shall be tested. Public notice of the
time and place of the test shall be made at least five days prior thereto;
provided, however, that, in the case of a runoff, the public notice shall be
made at least three days prior thereto. Representatives of political parties
and bodies, news media, and the public shall be permitted to observe such
tests.
(d) In
every primary or election, the superintendent shall furnish, at the expense of
the county or municipality, all ballots, forms of certificates, and other
papers and supplies required under this chapter which are not furnished by the
Secretary of State, all of which shall be in the form and according to any
specifications prescribed, from time to time, by the Secretary of State.
History
Code
1981, § 21-2-379.6, enacted by Ga. L. 2002, p. 598, § 1-4; Ga. L. 2003, p. 517,
§ 32; Ga. L. 2005, p. 253, § 49/HB 244.
Annotations
Case Notes
JUDICIAL DECISIONS
EDITOR'S NOTES. --In
light of the similarity of the statutory provisions, decisions under former
Code Section 21-2-359 are included in the annotations for this Code
section.
INTENT OF TESTING
AND PUBLIC EXAMINATION. --In former O.C.G.A. § 21-2-359 and other sections, the
General Assembly expressed an intent that the public inform itself of the
accuracy of the voting process. It would be inconsistent with that intent to
permit someone to force a recount under O.C.G.A. § 21-2-524(c) based on the
mere speculative belief that an error in counting occurred. Ellis v. Johnson,
263 Ga. 514, 435 S.E.2d 923 (1993) (decided under former O.C.G.A. § 21-2-359).
Research References & Practice Aids
ADMINISTRATIVE RULES AND
REGULATIONS. --
Direct recording electronic voting equipment, Official
Compilation of the Rules and Regulations of the State of Georgia, Georgia
Election Code, Voting Machines -- Vote Recorders, § 183-1-12-.02.
C.J.S. --
29 C.J.S., Elections, §§ 327, 394, 527 et seq.
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OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-379.9
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 9. VOTING MACHINES AND VOTE
RECORDERS GENERALLY > PART 5.
ELECTRONIC RECORDING VOTING SYSTEMS
§ 21-2-379.9. Storage of voting equipment
(a) All
direct recording electronic (DRE) units and related equipment, when not in use,
shall be properly stored and secured under conditions as shall be specified by
the Secretary of State.
(b) The
superintendent shall store the units and related equipment under his or her
supervision or shall designate a person or entity who shall provide secure
storage of such units and related equipment when it is not in use at a primary
or election. The superintendent shall provide compensation for the safe storage
and care of such units and related equipment if the units and related equipment
are stored by a person or entity other than the superintendent.
History
Code
1981, § 21-2-379.9, enacted by Ga. L. 2002, p. 598, § 1-4.
Annotations
Research References & Practice Aids
ADMINISTRATIVE RULES AND
REGULATIONS. --
Direct recording electronic voting equipment, Official
Compilation of the Rules and Regulations of the State of Georgia, Georgia
Election Code, Voting Machines -- Vote Recorders, § 183-1-12-.02.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
Hierarchy Notes:
Part Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-379.10
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 9. VOTING MACHINES AND VOTE RECORDERS
GENERALLY > PART 5.
ELECTRONIC RECORDING VOTING SYSTEMS
§ 21-2-379.10. Procedure for electors
(a) A
duly qualified elector shall cast his or her vote on a direct recording
electronic (DRE) unit by touching the screen or pressing the appropriate button
on the unit for the candidate or issue of such elector's choice. After having
the opportunity to vote in all races and upon all questions in which the
elector is eligible to vote, the unit shall display a summary of the choices
which the elector has made. At that time, the elector shall also be notified of
any races or questions in which the elector did not make a selection and all
other choices of the elector shall be displayed for the elector's review. The
elector shall have the opportunity to change any choices which the elector made
in voting the ballot and be allowed to vote in those races and on those
questions which the elector did not previously make a selection or cast a vote,
and the elector will again be presented with a summary display of his or her
choices.
(b) After
the summary screen is displayed and the elector desires to make no further changes
to his or her votes, the elector shall be notified that he or she is about to
cast the ballot. The elector shall then press the appropriate button on the
unit or location on the screen to actually cast his or her ballot. After
pressing the appropriate button on the unit or location on the screen to cast
the ballot, the elector's vote shall be final and shall not be subsequently
altered.
(c) If
an elector leaves the voting booth without having pressed the appropriate
button on the unit or location on the screen to finally cast his or her ballot
and cannot be located to return to the booth to complete the voting process,
then a poll worker shall take the steps necessary to void the ballot that was
not completed by the elector and an appropriate record shall be made of such
event.
History
Code
1981, § 21-2-379.10, enacted by Ga. L. 2002, p. 598, § 1-4; Ga. L. 2003, p.
151, § 1.
Annotations
Research References & Practice Aids
ADMINISTRATIVE RULES AND
REGULATIONS. --
Direct recording electronic voting equipment, Official
Compilation of the Rules and Regulations of the State of Georgia, Georgia
Election Code, Voting Machines -- Vote Recorders, § 183-1-12-.02.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
Hierarchy Notes:
Part Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-379.5
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 9. VOTING MACHINES AND VOTE
RECORDERS GENERALLY > PART 5.
ELECTRONIC RECORDING VOTING SYSTEMS
§ 21-2-379.5. Ballot information
(a) If
two or more candidates for the same nomination or office shall have the same or
similar names, the Secretary of State, in the case of federal or state offices,
the superintendent of elections, in the case of county offices, or the official
with whom such candidates qualify, in the case of municipal elections, shall
print or cause to be printed the residence of all candidates for such nomination
or office on the ballot under their names. The designated official shall
determine whether the names of the candidates are of such a similar nature as
to warrant printing the residence of all candidates for that office on the
ballot; and the decision of the designated official shall be conclusive.
(b) The
ballot for each candidate or group of candidates nominated by a political party
or body shall display the name or designation of the political party or
body.
(c) The
incumbency of a candidate seeking election for the public office he or she then
holds shall be indicated on the ballot.
(d) Unless
a candidate has filed with his or her nominating petition a certificate from a
political party or body attesting that such candidate is the nominee of such
party or body by virtue of having been nominated in a duly constituted party or
body convention, the candidate's name shall appear on the ballot as an
independent.
(e) When
presidential electors are to be elected, the ballot shall not list the
individual names of the candidates for presidential electors but shall list the
names of each political party and body and the names of the political party or
body candidates for the office of President and Vice President. The individual
names or the nominees of each political party or body for such offices shall be
posted at each polling place with the sample ballots required by subsection (d)
of Code Section 21-2-379.7 arranged alphabetically under the names of the
candidates of the party or body for President and Vice President of the United
States. A vote for the candidates for President and Vice President of a
political party or body shall be deemed to be a vote for each of the candidates
for presidential electors of such political party or body.
(f) When
proposed constitutional amendments or other questions are submitted to a vote
of the electors, each amendment or other question so submitted may be printed
upon the ballot below the groups of candidates for the various offices.
Proposed constitutional amendments so submitted shall be printed in the order
determined by the Constitutional Amendments Publication Board and in brief form
as directed by the General Assembly or, in the event of a failure to so direct,
the form shall be determined by the Secretary of State and shall include the
short title or heading provided for in subsection (c) of Code Section
50-12-101. Unless otherwise provided by law, any other state-wide questions or
questions to be presented to the electors of more than one county so submitted
shall be printed in brief form as directed by the General Assembly or, in the
event of a failure to so direct, the form shall be determined by the Secretary
of State and shall include a short title or heading in bold face at the
beginning of each such question on the ballot; and any local questions so
submitted shall be printed in brief form as directed by the General Assembly
or, in the event of a failure to so direct, the form shall be determined by the
superintendent. Next to or below the question there shall be placed the words
"YES" and "NO" between which the elector may choose in
casting his or her vote.
(g) The
ballots shall vary in form only as the names of precincts, offices, candidates,
or this chapter may require.
History
Code
1981, § 21-2-379.5, enacted by Ga. L. 2002, p. 598, § 1-4; Ga. L. 2003, p. 517,
§ 31; Ga. L. 2012, p. 995, § 24/SB 92.
Annotations
Research References & Practice Aids
ADMINISTRATIVE RULES AND
REGULATIONS. --
Appearance of candidate's name on ballot, Official
Compilation of the Rules and Regulations of the State of Georgia, Georgia
Election Code, Ballots, § 183-1-11-.02.
Direct recording
electronic voting equipment, Official Compilation of the Rules and Regulations
of the State of Georgia, Georgia Election Code, Voting Machines -- Vote
Recorders, § 183-1-12-.02.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
Hierarchy Notes:
Part Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-379.7
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 9. VOTING MACHINES AND VOTE
RECORDERS GENERALLY > PART 5.
ELECTRONIC RECORDING VOTING SYSTEMS
§ 21-2-379.7. Preparation of polling places
(a) The
superintendent or the custodians shall deliver the proper direct recording
electronic (DRE) units to the polling places of the respective precincts at
least one hour before the time for opening the polls at each primary or
election and shall cause each unit to be set up in the proper manner for use in
voting.
(b) The
superintendent shall require that each DRE unit be thoroughly tested,
inspected, and sealed prior to the delivery of each DRE unit to the polling
place. Prior to opening the polls each day on which the units will be used in a
primary or election, the manager shall break the seal on each unit, turn on
each unit, certify that each unit is operating properly and is set to zero, and
print a zero tape certifying that each unit is set to zero and shall keep or
record such certification on each unit.
(c) The
superintendent and poll managers shall provide ample protection against
molestation of and injury to the DRE units, and, for that purpose, the
superintendent and poll manager may call upon any law enforcement officer to
furnish such assistance as may be necessary. It shall be the duty of any such
law enforcement officer to furnish such assistance when so requested by the
superintendent or poll manager.
(d) The
superintendent shall, at least one hour prior to the opening of the polls:
(1) Provide
sufficient lighting to enable electors, if needed in the voting booth, to read
the ballot and which shall be suitable for the use of the poll officers in
examining the booth and conducting their responsibilities;
(2) Provide
directions for voting on the DRE units which shall be prominently posted within
each voting booth and at least two sample ballots for the primary or election
which shall be prominently posted outside the enclosed space within the polling
place;
(3) Ensure
that each DRE unit's tabulating mechanism is secure throughout the day during
the primary or election;
(4) Provide
at least one DRE unit accessible to disabled electors at each precinct;
and
(5) Provide
such other materials and supplies as may be necessary or required by law.
History
Code
1981, § 21-2-379.7, enacted by Ga. L. 2002, p. 598, § 1-4; Ga. L. 2003, p. 151,
§ 1; Ga. L. 2003, p. 517, § 33.
Annotations
Research References & Practice Aids
ADMINISTRATIVE RULES AND
REGULATIONS. --
Direct recording electronic voting equipment, Official
Compilation of the Rules and Regulations of the State of Georgia, Georgia
Election Code, Voting Machines -- Vote Recorders, § 183-1-12-.02.
Use of absentee
ballots when voting machines are inaccessible, Official Compilation of the
Rules and Regulations of the State of Georgia, Georgia Election Code, Voting
Machines -- Vote Recorders, § 183-1-12-.10.
C.J.S. --
29 C.J.S., Elections, §§ 147, 325, 331.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
Hierarchy Notes:
Part Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-379.8
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 9. VOTING MACHINES AND VOTE
RECORDERS GENERALLY > PART 5.
ELECTRONIC RECORDING VOTING SYSTEMS
§ 21-2-379.8. Public exhibition of voting system and sample
ballot
(a) The
superintendent or his or her designee shall, upon request, make available for
demonstration direct recording electronic (DRE) units. The Secretary of State
shall advise the superintendents on recommended methods of demonstrating such
units so as to properly educate electors in the use thereof, and, at least
during the initial year in which DRE equipment is used in a county or
municipality, all superintendents shall offer a series of demonstrations and
organized voter education initiatives to equip electors for using such
equipment in voting.
(b) At
least 45 days before a general primary or election or during the ten days
before a special primary or election and at least 21 days before a municipal
general primary or election or during the ten days before a municipal special
primary or election, the superintendent shall place on public exhibition, in
such public places and at such times as the superintendent shall deem most
suitable for the information and instruction of the electors, a sample ballot to
be used in such election. The sample ballot shall show the offices and
questions to be voted upon, the names and arrangements of the political parties
and bodies, and the names and arrangements of the candidates to be voted for.
Such sample ballots shall be under the charge and care of a person who is, in
the opinion of the superintendent, competent and qualified as an instructor
concerning such ballots and voting procedures.
History
Code
1981, § 21-2-379.8, enacted by Ga. L. 2002, p. 598, § 1-4; Ga. L. 2010, p. 914, § 16/HB 540.
Annotations
Research References & Practice Aids
ADMINISTRATIVE RULES AND
REGULATIONS. --
Direct recording electronic voting equipment, Official
Compilation of the Rules and Regulations of the State of Georgia, Georgia
Election Code, Voting Machines -- Vote Recorders, § 183-1-12-.02.
C.J.S. --
29 C.J.S., Elections, § 213 et seq.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
Hierarchy Notes:
Part Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-379.11
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 9. VOTING MACHINES AND VOTE
RECORDERS GENERALLY > PART 5.
ELECTRONIC RECORDING VOTING SYSTEMS
§ 21-2-379.11. Procedure for tabulation of votes
(a) In
primaries and elections in which direct recording electronic (DRE) voting
equipment is used, the ballots shall be counted at the precinct or tabulating
center under the direction of the superintendent. All persons who perform any
duties at the tabulating center shall be deputized by the superintendent and
only persons so deputized shall touch any ballot, container, paper, or machine
utilized in the conduct of the count or be permitted to be in the immediate
area designated for officers deputized to conduct the count.
(b) All
proceedings at the tabulating center and precincts shall be open to the view of
the public, but no person except one employed and designated for the purpose by
the superintendent or the superintendent's authorized deputy shall touch any
ballot, any DRE unit, or the tabulating equipment.
(c) After
the polls have closed and all voting in the precinct has ceased, the poll
manager shall shut down the DRE units and extract the election results from
each unit as follows:
(1) The
manager shall obtain the results tape from each DRE unit and verify that the
number of ballots cast as recorded on the tape matches the public count number
as displayed on the DRE unit;
(2) If
a system is established by the Secretary of State, the poll manager shall first
transmit the election results extracted from each DRE unit in each precinct via
modem to the central tabulating center of the county; and
(3) The
manager shall then extract the memory card from each DRE unit.
(d) Upon
completion of shutting down each DRE unit and extracting the election results,
the manager shall cause to be completed and signed a ballot recap form, in
sufficient counterparts, showing:
(1) The
number of valid ballots;
(2) The
number of spoiled and invalid ballots;
(3) The
number of provisional ballots; and
(4) The
number of unused provisional ballots and any other unused ballots.
The manager shall cause to be placed in the
ballot supply container one copy of the recap form and any unused, defective,
spoiled, and invalid ballots, each enclosed in an envelope.
(e) The
manager shall collect and retain the zero tape and the results tape for each
DRE unit and place such tapes with the memory card for each unit, and all such
items for all of the DRE units used in the precinct shall be sealed in an
envelope or container and initialed or signed by the manager so that it cannot
be opened without breaking the seal.
(f) The
manager and one poll worker shall then deliver the envelope or container to the
tabulating center for the county or municipality or to such other place
designated by the superintendent and shall receive a receipt therefor. The
copies of the recap forms, unused ballots, records, and other materials shall
be returned to the designated location and retained as provided by law.
(g) Upon
receipt of the sealed envelope or container containing the zero tapes, results
tapes, and memory cards, the election superintendent shall verify the initials
or signatures on the envelope. Once verified, the superintendent shall break
the seal of the envelope or container and remove its contents. The
superintendent shall then download the results stored on the memory card from
each DRE unit into the election management system located at the central
tabulation point of the county in order to obtain election results for
certification.
History
Code
1981, § 21-2-379.11, enacted by Ga. L. 2002, p. 598, § 1-4; Ga. L. 2003, p.
517, § 34; Ga. L. 2012, p. 995, § 25/SB
92.
Annotations
Research References & Practice Aids
ADMINISTRATIVE RULES AND
REGULATIONS. --
Direct recording electronic voting equipment, Official
Compilation of the Rules and Regulations of the State of Georgia, Georgia
Election Code, Voting Machines -- Vote Recorders, § 183-1-12-.02.
Spoiled ballot
definition, Official Compilation of the Rules and Regulations of the State of
Georgia, Georgia Election Code, Absentee Voting, § 183-1-14-.07.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
Hierarchy Notes:
Part Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-379.22
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 9. VOTING MACHINES AND VOTE
RECORDERS GENERALLY > PART 6.
ELECTRONIC BALLOTING
§ 21-2-379.22. Requirements for electronic ballot marking
No
electronic ballot marker shall be adopted or used in primaries or elections in
this state unless it shall, at the time, satisfy the following
requirements:
(1) Provide facilities for marking
ballots for all candidates and for all referendums or questions for which the
elector shall be entitled to vote in a primary or election;
(2) Permit each elector, in one
operation, to mark a vote for presidential electors for all the candidates of
one party or body for the office of presidential elector;
(3) Permit each elector to mark votes,
at any election, for any person and for any office for whom and for which he or
she is lawfully entitled to vote, whether or not the name of such person or
persons appears as a candidate for election; to mark votes for as many persons
for an office as he or she is entitled to vote for; and to mark votes for or
against any question upon which he or she is entitled to vote;
(4) Preclude the marking of votes for
any candidate or upon any question for whom or upon which an elector is not
entitled to vote; preclude the marking of votes for more persons for any office
than the elector is entitled to vote for; and preclude the marking of votes for
any candidate for the same office or upon any question more than once;
(5) Permit voting in absolute secrecy so
that no person can see or know any other elector's votes, except when he or she
has assisted the elector in voting, as prescribed by law;
(6) Produce a paper ballot which is
marked with the elector's choices in a format readable by the elector;
(7) Be constructed of good quality
material in a neat and workmanlike manner;
(8) When properly operated, mark
correctly and accurately every vote cast;
(9) Be so constructed that an elector
may readily learn the method of operating it; and
History
Code
1981, § 21-2-379.22, enacted by Ga. L.
2019, p. 7, § 26/HB 316.
Annotations
Research References & Practice Aids
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
Hierarchy Notes:
Part Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-379.21
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 9. VOTING MACHINES AND VOTE RECORDERS GENERALLY > PART 6. ELECTRONIC BALLOTING
§ 21-2-379.21. Access to optical scanning voting systems for
disabled
Each
polling place in this state utilizing optical scanning voting systems shall be
equipped with at least one electronic ballot marker that meets the requirements
as set forth in this part that is accessible to individuals with disabilities.
History
Code 1981, § 21-2-379.21, enacted by Ga. L. 2019, p. 7, § 26/HB 316.
Annotations
Research References & Practice Aids
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
Hierarchy Notes:
Part Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. TITLE 21 Chapter 2 Article 9 Part 6
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 9. VOTING MACHINES AND VOTE RECORDERS GENERALLY > PART 6. ELECTRONIC BALLOTING
TITLE 21 Chapter 2 Article 9 Part 6 NOTE
Annotations
Notes
PART NOTES
EFFECTIVE DATE. --This part became effective April 2, 2019.
Research References & Practice Aids
LAW REVIEWS. --
For article on the 2019 enactment of this part, see 36 Ga. St. U.L. Rev. 81 (2019).
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-379.23
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 9. VOTING MACHINES AND VOTE
RECORDERS GENERALLY > PART 6.
ELECTRONIC BALLOTING
§ 21-2-379.23. Requirements for ballot display; role of
Secretary of State; printed paper ballot controls during recount
(a) The
ballot display information and appearance on an electronic ballot marker shall
conform as nearly as practicable to Code Sections 21-2-379.4 and
21-2-379.5.
(b) The
form and arrangement of ballots marked and printed by an electronic ballot
marker shall be prescribed by the Secretary of State.
(c) Notwithstanding
any other law to the contrary, ballots marked and printed by an electronic
ballot marker shall, at a minimum, contain:
(1) The
words "OFFICIAL BALLOT";
(2) The
name and date of the election;
(3) The
titles of the respective offices for which the elector is eligible to
vote;
(4) Words
identifying the proposed constitutional amendments or other questions for which
the elector is eligible to vote;
(5) The
name of the candidate and, for partisan offices, indication of the candidate's
political party or political body affiliation, or the answer to the proposed
constitutional amendment or other question for which the elector intends to
vote; and
(6) Clear
indication that the elector has not marked a vote for any particular office,
constitutional amendment, or other question.
(d) The
paper ballot marked and printed by the electronic ballot marker shall
constitute the official ballot and shall be used for, and govern the result in,
any recount conducted pursuant to Code Section 21-2-495 and any audit conducted
pursuant to Code Section 21-2-498.
History
Code
1981, § 21-2-379.23, enacted by Ga. L.
2019, p. 7, § 26/HB 316.
Annotations
Research References & Practice Aids
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
Hierarchy Notes:
Part Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-379.25
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 9. VOTING MACHINES AND VOTE
RECORDERS GENERALLY > PART 6.
ELECTRONIC BALLOTING
§ 21-2-379.25. Programming for ballot design and style;
verification; appointment of custodians; role of custodians
(a) The
superintendent of each county or municipality shall cause the proper ballot
design and style to be programmed for each electronic ballot marker which is to
be used in any precinct within such county or municipality, shall cause each
such device to be placed in proper order for voting, and shall examine each
device before it is sent to a polling place for use in a primary or election,
to verify that each device is properly recording votes and producing proper
ballots.
(b) The
superintendent may appoint, with the approval of the county or municipal
governing authority, as appropriate, a custodian of the electronic ballot
markers, and deputy custodians as may be necessary, whose duty shall be to
prepare the devices to be used in the county or municipality at the primaries
and elections to be held therein. Each custodian and deputy custodian shall
receive from the county or municipality such compensation as shall be fixed by
the governing authority of such county or municipality. Such custodian shall, under
the direction of the superintendent, have charge of and represent the
superintendent during the preparation of the devices as required by this
chapter. The custodian and deputy custodians shall serve at the pleasure of the
superintendent and each shall take an oath of office prepared by the Secretary
of State before each primary or election, which shall be filed with the
superintendent.
(c) On
or before the third day preceding a primary or election, including special
primaries, special elections, and referendum elections, the superintendent
shall have each electronic ballot marker tested to ascertain that it will
correctly record the votes cast for all offices and on all questions and
produce a ballot reflecting such choices of the elector in a manner that the
State Election Board shall prescribe by rule or regulation. Public notice of
the time and place of the test shall be made at least five days prior thereto;
provided, however, that, in the case of a runoff, the public notice shall be
made at least three days prior thereto. Representatives of political parties
and bodies, news media, and the public shall be permitted to observe such
tests.
History
Code
1981, § 21-2-379.25, enacted by Ga. L.
2019, p. 7, § 26/HB 316.
Annotations
Research References & Practice Aids
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
Hierarchy Notes:
Part Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-379.24
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 9. VOTING MACHINES AND VOTE
RECORDERS GENERALLY > PART 6.
ELECTRONIC BALLOTING
§ 21-2-379.24. Examination of electronic ballot markers;
revocation of approval; penalty to vendors for inappropriate sale; improvements
or changes to devices; prohibition on pecuniary interest; limitation on public
inspection
(a) Any
person or organization owning, manufacturing, or selling, or being interested
in the manufacture or sale of, any electronic ballot marker may request that
the Secretary of State examine the device. Any ten or more electors of this
state may, at any time, request that the Secretary of State reexamine any such
device previously examined and approved by him or her. Before any such
examination or reexamination, the person, persons, or organization requesting
such examination or reexamination shall pay to the Secretary of State the
reasonable expenses of such examination or reexamination. The Secretary of
State shall publish and maintain on his or her website the cost of such
examination or reexamination. The Secretary of State may, at any time, in his
or her discretion, reexamine any such device.
(b) The
Secretary of State shall thereupon examine or reexamine such device and shall
make and file in his or her office a report, attested by his or her signature
and the seal of his or her office, stating whether, in his or her opinion, the
kind of device so examined can be safely and accurately used by electors at
primaries and elections as provided in this chapter. If this report states that
the device can be so used, the device shall be deemed approved, and devices of
its kind may be adopted for use at primaries and elections as provided in this
chapter.
(c) Any
device that is not so approved shall not be used at any primary or election and
if, upon reexamination, a previously approved device appears to be no longer
safe or accurate for use by electors at primaries or elections as provided in
this chapter because of an inability to accurately record votes, the approval
of the same shall immediately be revoked by the Secretary of State, and no such
device shall thereafter be used or purchased for use in this state.
(d) Any
vendor who completes a sale of an electronic ballot marker that has not been
certified by the Secretary of State to a governmental body in this state shall
be subject to a penalty of $100,000.00, payable to the State of Georgia, plus
reimbursement of all costs and expenses incurred by the governmental body in
connection with the sale. The State Election Board shall have the authority to
impose such penalty upon a finding that such a sale has occurred.
(e) When
a device has been so approved, no improvement or change that does not impair
its accuracy, efficiency, or capacity shall render necessary a reexamination or
reapproval of such device, or of its kind.
(f) Neither
the Secretary of State, nor any custodian, nor the governing authority of any
county or municipality or a member of such governing authority nor any other
person involved in the examination process shall have any pecuniary interest in
any device or in the manufacture or sale thereof.
(g) Documents
or information that, if made public, would endanger the security of any voting
system used or being considered for use in this state, or any component
thereof, including, but not limited to, electronic ballot markers, DREs, ballot
scanners, pollbooks, and software or data bases used for voter registration,
shall not be open for public inspection except upon order of a court of
competent jurisdiction.
History
Code
1981, § 21-2-379.24, enacted by Ga. L.
2019, p. 7, § 26/HB 316.
Annotations
Commentary
CODE COMMISSION NOTES. --
Pursuant to Code Section 28-9-5, in 2019, "data
bases" was substituted for "databases" in subsection (g).
Hierarchy Notes:
Title Note
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Hierarchy Notes:
Part Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-379.12
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 9. VOTING MACHINES AND VOTE RECORDERS GENERALLY > PART 5. ELECTRONIC RECORDING VOTING SYSTEMS
§ 21-2-379.12. Direct recording electronic (DRE) voting
equipment pilot program
Repealed
by Ga. L. 2006, p. 557, § 2/SB 500,
effective February 1, 2007.
Annotations
Notes
EDITOR'S NOTES. --
This Code section was based on Code 1981, § 21-3-379.12, enacted by Ga. L. 2006, p. 557, § 2/SB 500.
Ga. L. 2006, p. 557, § 1/SB 500, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the '2006 Georgia Accuracy in Elections Act.'"
Research References & Practice Aids
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
Hierarchy Notes:
Part Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-379.26
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 9. VOTING MACHINES AND VOTE
RECORDERS GENERALLY > PART 6.
ELECTRONIC BALLOTING
§ 21-2-379.26. Storage of equipment
(a) All
electronic ballot markers and related equipment, when not in use, shall be
properly stored and secured under conditions as shall be specified by the
Secretary of State.
(b) The
superintendent shall store the devices and related equipment under his or her
supervision or shall designate another person or entity to provide secure
storage of such devices and related equipment when it is not in use at a
primary or election. The superintendent shall provide compensation for the safe
storage and care of such devices and related equipment if the devices and
related equipment are stored by another person or entity.
History
Code
1981, § 21-2-379.26, enacted by Ga. L.
2019, p. 7, § 26/HB 316.
Annotations
Research References & Practice Aids
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
Hierarchy Notes:
Part Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-380
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 10. ABSENTEE VOTING
§ 21-2-380. "Absentee elector" defined; when
reason for absentee ballot not required
(a) As
used in this article, the term "absentee elector" means an elector of
this state or a municipality thereof who casts a ballot in a primary, election,
or runoff other than in person at the polls on the day of such primary,
election, or runoff.
(b) An
elector who votes by absentee ballot shall not be required to provide a reason
in order to cast an absentee ballot in any primary, election, or runoff.
History
Code
1933, § 34-1401, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1968, p.
871, § 15; Ga. L. 1969, p. 329, § 17a; Ga. L. 1971, Ex. Sess., p. 61, § 9; Ga.
L. 1979, p. 955, § 7; Ga. L. 1982, p. 1512, § 5; Ga. L. 1984, p. 1, § 8; Ga. L.
1987, p. 465, § 1; Ga. L. 1989, p. 1084, § 1; Ga. L. 1995, p. 417, § 1; Ga. L.
1998, p. 295, § 1; Ga. L. 2003, p. 517, § 35;
Ga. L. 2005, p. 253, § 50/HB 244;
Ga. L. 2008, p. 448, § 1/SB 387;
Ga. L. 2010, p. 914, § 17/HB 540.
Annotations
Notes
EDITOR'S NOTES. --
In light of the similarity of the statutory provisions,
opinions under former Code 1933, §§ 34-1335 and 34-3301, are included in the
annotations for this Code section.
Case Notes
JUDICIAL DECISIONS
FOR A HISTORY OF
O.C.G.A. § 21-2-380, see Spalding County Bd. of Elections v. McCord, 287 Ga.
835, 700 S.E.2d 558 (2010).
CONSTRUCTION OF
SUBSECTION (A). --Subsection (a) of O.C.G.A. § 21-2-380 cannot be construed to
require electors to have a specific reason to vote by absentee ballot. Thus,
based on the legislative enactments as of December 2009, subsection (a) was
rendered nugatory by the time of the 2009 run-off election. Spalding County Bd.
of Elections v. McCord, 287 Ga. 835, 700 S.E.2d 558 (2010).
CONSTRUCTION.
--Plain language of O.C.G.A. § 21-2-381(b) requires that election officials
verify the eligibility of absentee voters by one and only one criterion, their
identification, and because O.C.G.A. §§ 21-2-380(b) and 21-2-381 are the later
enacted statutes and reflect the General Assembly's repeated enactments over
the past seven years to expand the scope and ease of absentee voting, the clear
language of O.C.G.A. §§ 21-2-380(b) and 21-2-381 must control. Spalding County
Bd. of Elections v. McCord, 287 Ga. 835, 700 S.E.2d 558 (2010).
IMPACT OF 2010
AMENDMENT. --General Assembly amended O.C.G.A. § 21-2-380 to formally delete
the six reasons for absentee voting. Spalding County Bd. of Elections v.
McCord, 287 Ga. 835, 700 S.E.2d 558 (2010).
ELECTORS NOT
REQUIRED TO HAVE REASON TO VOTE BY ABSENTEE BALLOT. --Trial court erred in
invalidating a runoff election for a seat on a city board of commissioners on
the ground that under O.C.G.A. § 21-2-380(b) electors could vote by absentee
ballot without stating whether the electors had one of the six reasons
specified by O.C.G.A. § 21-2-380(a), but the electors had to have one of those
reasons to be eligible to cast an absentee ballot because, at the time of the
2009 election, electors were not required to have a reason to vote by absentee ballot,
and O.C.G.A. § 21-2-380(a) had been rendered nugatory by the time of the runoff
election; O.C.G.A. § 21-2-380(a) cannot be construed to require electors to
have a specific reason to vote by absentee ballot. Spalding County Bd. of
Elections v. McCord, 287 Ga. 835, 700 S.E.2d 558 (2010).
Research References & Practice Aids
CROSS REFERENCES. --
Right of persons hospitalized for mental illness, mental
retardation, alcoholism, or other disabilities to vote by absentee ballot, §§
37-3-144, 37-4-104 and 37-7-144.
ADMINISTRATIVE RULES AND
REGULATIONS. --
Absentee ballot envelope; definition of advanced age; use of
symbols, Official Compilation of the Rules and Regulations of the State of
Georgia, Georgia Election Code, Absentee Voting, § 183-1-14-.01.
OPINIONS OF THE ATTORNEY
GENERAL
ELECTION MANAGER
CANNOT TAKE BALLOT TO VOTER UNABLE TO GO TO POLLS. --An election manager in a
primary election may not take a ballot to the home or place of business of a
voter who is unable to go to the polls. 1945-47 Op. Att'y Gen. p. 255 (decided
under former Code 1933, § 34-3301).
ABSENTEE AND REGULAR
ELECTORS TO BE TREATED SIMILARLY. --In deciding upon the proper method for
determining whether persons have voted within the past three years, it is
important that absentee electors and regular electors be treated as similarly
as possible despite the varying procedures. 1974 Op. Att'y Gen. No. 74-133
(decided under former Code 1933, § 34-1335).
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, §§ 333, 336.
C.J.S. --
29 C.J.S., Elections, § 345 et seq.
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Title Note
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Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. TITLE 21 Chapter 2 Article 10
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 10. ABSENTEE VOTING
TITLE 21 Chapter 2 Article 10 NOTE
Annotations
Research References & Practice Aids
CROSS REFERENCES. --
Penalty for voting by absentee ballot without qualifying to vote in such manner, § 21-2-573.
ADMINISTRATIVE RULES AND REGULATIONS. --Absentee Voting, Official Compilation of the Rules and Regulations of the State of Georgia, State Election Board, Georgia Election Code, Subject 183-1-14.
ALR. --
Validity of absentee voters' laws, 97 A.L.R.2d 218.
Construction and effect of absentee voters' laws, 97 A.L.R.2d 257.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-381.1
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 10. ABSENTEE VOTING
§ 21-2-381.1. Procedures for voting with special write-in
absentee ballots by qualified absentee electors
(a) Notwithstanding
any other provisions of this chapter, a qualified absentee elector, as defined
in Code Section 21-2-380, in general, special, primary, and run-off elections,
who is entitled to vote by absentee ballot under the federal Uniformed and
Overseas Citizens Absentee Voting Act, 42 U.S.C. Section 1973ff, et seq., as
amended, and who makes timely application for but does not receive an official
absentee ballot may vote by completing, signing, and mailing a federal write-in
absentee ballot promulgated under the federal Uniformed and Overseas Citizens
Absentee Voting Act, 42 U.S.C. Section 1973ff, et seq., as amended.
(b)
(1) Any
elector who is entitled to vote by absentee ballot under the federal Uniformed
and Overseas Citizens Absentee Voting Act, 42 U.S.C. Section 1973ff, et seq.,
as amended, when voting a federal write-in absentee ballot for a federal
general, special, or run-off election, may designate a candidate by writing in
the name of the candidate or by writing in a party preference for each office.
A written designation of the political party shall be counted as a vote for the
candidate of that party.
(2) Except
as provided in paragraph (3) of this subsection, an elector who is entitled to
vote by absentee ballot under the federal Uniformed and Overseas Citizens
Absentee Voting Act, 42 U.S.C. Section 1973ff, et seq., as amended, may vote in
any election for a public office other than for a federal office by using the
addendum provided in the federal write-in absentee ballot and writing in the
title of the office and the name of the candidate for whom the elector is
voting. In a general, special, or run-off election, the elector may
alternatively designate a candidate by writing in a party preference for each
office, the names of specific candidates for each office, or the name of the
person who the elector prefers for each office. A written designation of the
political party shall be counted as a vote for the candidate of that party. In
addition, such elector may vote on any constitutional amendment or question
presented to the electors in such election by identifying the constitutional
amendment or question with regard to which such elector desires to vote and
specifying the elector's vote on such amendment or question.
(3) If
the elector is voting in a primary or primary runoff, the elector shall
identify the political party for which the elector has requested a ballot in
the appropriate section of the federal write-in absentee ballot. A vote cast by
writing in the name of a candidate who is not affiliated with the identified
political party ballot is void and shall not be counted.
(c) Except
as otherwise provided in this Code section, a federal write-in absentee ballot
shall be submitted and processed in the same manner as provided for official
absentee ballots. A federal write-in absentee ballot of any elector who is
entitled to vote by absentee ballot under the federal Uniformed and Overseas
Citizens Absentee Voting Act, 42 U.S.C. Section 1973ff, et seq., as amended,
shall not be counted:
(1) In
the case of a ballot submitted by an overseas elector who is not an absent
uniformed services elector, if the ballot is submitted from any location in the
United States;
(2) If
the application of an elector who is entitled to vote by absentee ballot under
the federal Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C.
Section 1973ff, et seq., as amended, for an absentee ballot is received by the
appropriate board of registrars after two days prior to a general, special,
primary, or run-off election; or
(3) If
an official absentee ballot of an elector who is entitled to vote by absentee
ballot under the federal Uniformed and Overseas Citizens Absentee Voting Act,
42 U.S.C. Section 1973ff, et seq., as amended, is received by the appropriate
board of registrars not later than the deadline for receipt of absentee ballots
under subparagraph (a)(1)(G) of Code Section 21-2-386.
(d) The
following rules shall apply with respect to federal write-in absentee
ballots:
(1) In
completing the ballot, an elector who is entitled to vote by absentee ballot
under the federal Uniformed and Overseas Citizens Absentee Voting Act, 42
U.S.C. Section 1973ff, et seq., as amended, may designate a candidate by
writing in the name of the candidate or by writing in the name of a political
party, in which case the ballot shall be counted for the candidate of that
political party;
(2) In
the case of the offices of President and Vice President, a vote for a named
candidate or a vote by writing in the name of a political party shall be
counted as a vote for the electors supporting the candidate involved; and
(3) Any
abbreviation, misspelling, or other minor variation in the form of the name of
the candidate or a political party shall be disregarded in determining the
validity of the ballot, if the intention of the elector can be
ascertained.
(e) Any
elector who is entitled to vote by absentee ballot under the federal Uniformed
and Overseas Citizens Absentee Voting Act, 42 U.S.C. Section 1973ff, et seq.,
as amended, who submits a federal write-in absentee ballot and later receives
an official absentee ballot, may submit the official absentee ballot. An
elector who is entitled to vote by absentee ballot under the federal Uniformed
and Overseas Citizens Absentee Voting Act, 42 U.S.C. Section 1973ff, et seq.,
as amended, who submits a federal write-in absentee ballot and later receives
and submits an official absentee ballot should make every reasonable effort to
inform the appropriate board of registrars that the elector has submitted more
than one ballot.
History
Code
1981, § 21-2-381.1, enacted by Ga. L. 1984, p. 1, § 12; Ga. L. 1986, p. 772, §
5; Ga. L. 1987, p. 1360, § 15; Ga. L. 1997, p. 590, § 31; Ga. L. 1998, p. 295,
§ 1; Ga. L. 2010, p. 569, § 3/HB
1073; Ga. L. 2011, p. 683, § 11/SB 82.
Annotations
Research References & Practice Aids
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-381
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 10. ABSENTEE VOTING
§ 21-2-381. Making of application for absentee ballot;
determination of eligibility by ballot clerk; furnishing of applications to
colleges and universities; persons entitled to make application
(a) (1)
(A) Except as otherwise provided in Code Section 21-2-219, not more than 180
days prior to the date of the primary or election, or runoff of either, in
which the elector desires to vote, any absentee elector may make, either by
mail, by facsimile transmission, by electronic transmission, or in person in
the registrar's or absentee ballot clerk's office, an application for an
official ballot of the elector's precinct to be voted at such primary,
election, or runoff.
(B) In the case of an elector residing
temporarily out of the county or municipality or a physically disabled elector
residing within the county or municipality, the application for the elector's
absentee ballot may, upon satisfactory proof of relationship, be made by such
elector's mother, father, grandparent, aunt, uncle, sister, brother, spouse,
son, daughter, niece, nephew, grandchild, son-in-law, daughter-in-law,
mother-in-law, father-in-law, brother-in-law, or sister-in-law of the age of 18
or over.
(C) The application shall be in writing
and shall contain sufficient information for proper identification of the
elector; the permanent or temporary address of the elector to which the
absentee ballot shall be mailed; the identity of the primary, election, or
runoff in which the elector wishes to vote; and the name and relationship of
the person requesting the ballot if other than the elector.
(D) Except in the case of physically
disabled electors residing in the county or municipality or electors in custody
in a jail or other detention facility in the county or municipality, no
absentee ballot shall be mailed to an address other than the permanent mailing
address of the elector as recorded on the elector's voter registration record
or a temporary out-of-county or out-of-municipality address.
(E) Relatives applying for absentee
ballots for electors must also sign an oath stating that facts in the
application are true.
(F) If the elector is unable to fill out
or sign such elector's own application because of illiteracy or physical
disability, the elector shall make such elector's mark, and the person filling
in the rest of the application shall sign such person's name below it as a
witness.
(G) Any elector meeting criteria of
advanced age or disability specified by rule or regulation of the State
Election Board or any elector who is entitled to vote by absentee ballot under
the federal Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C.
Section 1973ff, et seq., as amended, may request in writing on one application a
ballot for a presidential preference primary held pursuant to Article 5 of this
chapter and for a primary as well as for any runoffs resulting therefrom and
for the election for which such primary shall nominate candidates as well as
any runoffs resulting therefrom. If not so requested by such person, a separate
and distinct application shall be required for each primary, run-off primary,
election, and run-off election. Except as otherwise provided in this
subparagraph, a separate and distinct application for an absentee ballot shall
always be required for any special election or special primary.
(2) A properly executed registration
card submitted under the provisions of subsection (b) of Code Section 21-2-219,
if submitted within 180 days of a primary or election in which the registrant
is entitled to vote, shall be considered to be an application for an absentee
ballot under this Code section, or for a special absentee ballot under Code
Section 21-2-381.1, as appropriate.
(4) In extraordinary circumstances as
described in Code Section 21-2-543.1, the registrar or absentee ballot clerk
shall determine if the applicants are eligible to vote under this Code section
and shall either mail or issue the absentee ballots for the election for
representative in the United States Congress to an individual entitled to make
application for absentee ballot under subsection (d) of this Code section the
same day any such application is received, so long as the application is
received by 3:00 P.M., otherwise no later than the next business day following
receipt of the application. Any valid absentee ballot shall be accepted and
processed so long as the ballot is received by the registrar or absentee ballot
clerk not later than 45 days after the ballot is transmitted to the absent
uniformed services voter or overseas voter, but in no event later than 11 days
following the date of the election.
(b)
(1) Upon
receipt of a timely application for an absentee ballot, a registrar or absentee
ballot clerk shall enter thereon the date received. The registrar or absentee
ballot clerk shall determine, in accordance with the provisions of this
chapter, if the applicant is eligible to vote in the primary or election
involved. In order to be found eligible to vote an absentee ballot by mail, the
registrar or absentee ballot clerk shall compare the identifying information on
the application with the information on file in the registrar's office and, if
the application is signed by the elector, compare the signature or mark of the
elector on the application with the signature or mark of the elector on the
elector's voter registration card. In order to be found eligible to vote an
absentee ballot in person at the registrar's office or absentee ballot clerk's
office, such person shall show one of the forms of identification listed in
Code Section 21-2-417 and the registrar or absentee ballot clerk shall compare
the identifying information on the application with the information on file in
the registrar's office.
(2) If
found eligible, the registrar or absentee ballot clerk shall certify by signing
in the proper place on the application and then:
(A) Shall mail the ballot as provided in
this Code section;
(B) If the application is made in
person, shall issue the ballot to the elector within the confines of the
registrar's or absentee ballot clerk's office as required by Code Section
21-2-383 if the ballot is issued during the advance voting period established
pursuant to subsection (d) of Code Section 21-2-385; or
(C) May deliver the ballot in person to
the elector if such elector is confined to a hospital.
(3) If
found ineligible, the clerk or the board of registrars shall deny the
application by writing the reason for rejection in the proper space on the
application and shall promptly notify the applicant in writing of the ground of
ineligibility, a copy of which notification should be retained on file in the
office of the board of registrars or absentee ballot clerk for at least one
year. However, an absentee ballot application shall not be rejected due to an
apparent mismatch between the signature of the elector on the application and
the signature of the elector on file with the board of registrars. In such
cases, the board of registrars or absentee ballot clerk shall send the elector
a provisional absentee ballot with the designation "Provisional
Ballot" on the outer oath envelope and information prepared by the
Secretary of State as to the process to be followed to cure the signature discrepancy.
If such ballot is returned to the board of registrars or absentee ballot clerk
prior to the closing of the polls on the day of the primary or election, the
elector may cure the signature discrepancy by submitting an affidavit to the
board of registrars or absentee ballot clerk along with a copy of one of the
forms of identification enumerated in subsection (c) of Code Section 21-2-417
before the close of the period for verifying provisional ballots contained in
subsection (c) of Code Section 21-2-419. If the board of registrars or absentee
ballot clerk finds the affidavit and identification to be sufficient, the
absentee ballot shall be counted as other absentee ballots. If the board of
registrars or absentee ballot clerk finds the affidavit and identification to
be insufficient, then the procedure contained in Code Section 21-2-386 shall be
followed for rejected absentee ballots.
(4) If
the registrar or clerk is unable to determine the identity of the elector from
information given on the application, the registrar or clerk should promptly
write to request additional information.
(5) In
the case of an unregistered applicant who is eligible to register to vote, the
clerk or the board shall immediately mail a blank registration card as provided
by Code Section 21-2-223, and such applicant, if otherwise qualified, shall be
deemed eligible to vote by absentee ballot in such primary or election, if the
registration card, properly completed, is returned to the clerk or the board on
or before the last day for registering to vote in such primary or election. If
the closing date for registration in the primary or election concerned has not
passed, the clerk or registrar shall also mail a ballot to the applicant, as
soon as it is prepared and available; and the ballot shall be cast in such
primary or election if returned to the clerk or board not later than the close
of the polls on the day of the primary or election concerned.
(c) In
those counties or municipalities in which the absentee ballot clerk or board of
registrars provides application forms for absentee ballots, the clerk or board
shall provide such quantity of the application form to the dean of each college
or university located in that county as said dean determines necessary for the
students of such college or university.
(d) (1)
A citizen of the United States permanently residing outside the United States
is entitled to make application for an absentee ballot from Georgia and to vote
by absentee ballot in any election for presidential electors and United States
senator or representative in Congress:
(A) If such citizen was last domiciled
in Georgia immediately before his or her departure from the United States;
and
(B) If such citizen could have met all
qualifications, except any qualification relating to minimum voting age, to
vote in federal elections even though, while residing outside the United
States, he or she does not have a place of abode or other address in
Georgia.
(2) An individual is entitled to make
application for an absentee ballot under paragraph (1) of this subsection even
if such individual's intent to return to Georgia may be uncertain, as long
as:
(A) He or she has complied with all
applicable Georgia qualifications and requirements which are consistent with 42
U.S.C. Section 1973ff concerning absentee registration for and voting by
absentee ballots;
(B) He or she does not maintain a
domicile, is not registered to vote, and is not voting in any other state or
election district of a state or territory or in any territory or possession of
the United States; and
(C) He or she has a valid passport or
card of identity and registration issued under the authority of the Secretary
of State of the United States or, in lieu thereof, an alternative form of
identification consistent with 42 U.S.C. Section 1973ff and applicable state
requirements, if a citizen does not possess a valid passport or card of
identity and registration.
(e) The
State Election Board is authorized to promulgate reasonable rules and
regulations for the implementation of paragraph (1) of subsection (a) of this
Code section. Said rules and regulations may include provisions for the
limitation of opportunities for fraudulent application, including, but not
limited to, comparison of voter registration records with death certificates.
History
Ga.
L. 1924, p. 186, §§ 3, 6; Code 1933, §§ 34-3302, 34-3305; Ga. L. 1943, p. 228,
§ 1; Ga. L. 1955, p. 204, §§ 1, 2; Ga. L. 1955, p. 732, §§ 1, 2; Ga. L. 1957,
p. 39, § 1; Code 1933, § 34-1402, enacted by Ga. L. 1964, Ex. Sess., p. 26, §
1; Ga. L. 1969, p. 329, §§ 18-20; Ga. L. 1974, p. 71, §§ 1-3; Ga. L. 1977, p.
550, § 1; Ga. L. 1978, p. 1004, § 31; Ga. L. 1979, p. 633, § 1; Ga. L. 1981, p.
1718, § 7; Ga. L. 1983, p. 140, § 1; Ga. L. 1984, p. 1, § 11; Ga. L. 1985, p.
632, § 3; Ga. L. 1986, p. 32, § 1; Ga. L. 1986, p. 932, § 5; Ga. L. 1987, p.
417, § 4; Ga. L. 1987, p. 1360, § 14; Ga. L. 1988, p. 641, § 1; Ga. L. 1989, p.
849, § 2; Ga. L. 1989, p. 1742, § 1; Ga. L. 1990, p. 143, § 3; Ga. L. 1992, p.
1815, § 2; Ga. L. 1994, p. 1406, § 22; Ga. L. 1994, p. 1443, § 4; Ga. L. 1995,
p. 8, § 1; Ga. L. 1997, p. 649, § 4; Ga. L. 1997, p. 662, § 1; Ga. L. 1998, p.
145, § 1; Ga. L. 1998, p. 295, § 1; Ga. L. 1999, p. 52, § 11; Ga. L. 2001, p.
230, § 13; Ga. L. 2001, p. 240, § 33; Ga. L. 2003, p. 517, § 36; Ga. L. 2005, p. 253, § 51/HB 244; Ga. L. 2006, p. 69, § 1/SB 467; Ga. L. 2008, p. 448, §§ 2, 3/SB 387; Ga. L. 2008, p. 781, § 10/HB 1112; Ga. L. 2009, p. 41, § 1/SB 47; Ga. L. 2010, p. 569, § 2/HB 1073; Ga. L. 2010, p. 914, § 18/HB 540; Ga. L. 2011, p. 683, § 10/SB 82; Ga. L. 2011, p. 697, § 1/HB 92; Ga. L. 2017, p. 697, § 16/HB 268; Ga. L. 2019, p. 7, § 27/HB 316.
Annotations
Notes
THE 2017 AMENDMENT,
effective July 1, 2017, in subparagraph (a)(1)(G), inserted "a
presidential preference primary held pursuant to Article 5 of this chapter and
for" near the end of the first sentence, and deleted "for the
presidential preference primary held pursuant to Article 5 of this chapter
and" following "required" in the middle of the third sentence;
and, in subparagraph (b)(2)(B), inserted "on a direct recording electronic
(DRE) voting system", inserted "as required by Code Section
21-2-383", and inserted "the ballot is" near the middle of the
sentence.
THE 2019 AMENDMENT,
effective April 2, 2019, inserted "or electors in custody in a jail or
other detention facility in the county or municipality" in the middle of
subparagraph (a)(1)(D); deleted "to be voted on a direct recording
electronic (DRE) voting system" following "the elector" in the
middle of subparagraph (b)(2)(B); and added the second through fifth sentences
of paragraph (b)(3).
Commentary
CODE COMMISSION NOTES. --
Pursuant to Code Section 28-9-3, in 2011, the amendment of
paragraph (b)(2) of this Code section by
Ga. L. 2011, p. 683, § 10/SB 82, was treated as impliedly repealed and
superseded by Ga. L. 2011, p. 697, §
1/HB 92, due to irreconcilable conflict. See County of Butts v. Strahan, 151
Ga. 417 (1921); Keener v. McDougall, 232 Ga. 273 (1974).
EDITOR'S NOTES. --
Ga. L. 1994, p. 1443, § 28, not codified by the General
Assembly, provides: "This Act shall become effective upon its approval by
the Governor or upon its becoming law without such approval [April 15, 1994]
for the purpose of authorizing the Secretary of State to design and distribute
such forms and materials and to develop, procure, and install such computer
hardware and software as are required under the provisions of this Act and to
exercise such administrative authority as such officer deems necessary and
proper for the implementation of this Act. For all other purposes, this Act
shall become effective January 1, 1995."
ADMINISTRATIVE RULES
AND REGULATIONS. --
Absentee ballot envelope, definition of advanced age, use of
symbols, Official Compilation of the Rules and Regulations of the State of
Georgia, Georgia Election Code, Absentee Voting, § 183-1-14-.01.
LAW REVIEWS. --
For article, "Local Government Law," see 53 Mercer
L. Rev. 389 (2001).
For note on the 2001 amendment to this
Code section, see 18 Ga. St. U. L. Rev. 114 (2001).
Case Notes
JUDICIAL DECISIONS
IMPACT OF 2010
AMENDMENT. --General Assembly amended O.C.G.A. § 21-2-381(a)(1)(C) by deleting
the requirement that the elector state "the reason for requesting the
absentee ballot, if applicable". Spalding County Bd. of Elections v.
McCord, 287 Ga. 835, 700 S.E.2d 558 (2010).
CONSTRUCTION.
--Plain language of O.C.G.A. § 21-2-381(b) requires that election officials
verify the eligibility of absentee voters by one and only one criterion, their
identification, and because O.C.G.A. §§ 21-2-380(b) and 21-2-381 are the later
enacted statutes and reflect the General Assembly's repeated enactments over
the past seven years to expand the scope and ease of absentee voting, the clear
language of O.C.G.A. §§ 21-2-380(b) and 21-2-381 must control. Spalding County
Bd. of Elections v. McCord, 287 Ga. 835, 700 S.E.2d 558 (2010).
STANDING. --Former
jail inmate lacked standing to assert a claim that an absentee voting statute,
O.C.G.A. § 21-2-381(a)(1)(D), was unconstitutionally applied to deny absentee
ballots to inmates; the inmate's failure to receive a ballot was not fairly
traceable to application of the statute as the inmate's application for an
absentee ballot did not provide the jail's address. Swann v. Sec'y, 668 F.3d
1285 (11th Cir. 2012).
INVALIDATION OF
ELECTION REVERSED ON APPEAL. --Trial court erred by invalidating an election
for sheriff and ordering a new election because the evidence of systemic
misconduct for vote buying and alleged wrongful distribution of absentee
ballots was speculative and insufficient to support the trial court's
conclusion that irregularities cause doubt on the results. Meade v. Williamson,
293 Ga. 142, 745 S.E.2d 279 (2013).
Research References & Practice Aids
OPINIONS OF THE ATTORNEY
GENERAL
GEORGIA RESIDENT WHO
MOVES WITHIN 30 DAYS OF ELECTION ELIGIBLE TO VOTE ABSENTEE. --A citizen of
Georgia who moves to another state, beginning residence therein after the
thirtieth day next preceding the election for President and Vice-President,
should be permitted to register to vote for such officers up to 14 days prior
to the election, and to vote, either in person, or by absentee ballot, assuming
the person satisfied the requirements for absentee voting. 1972 Op. Att'y Gen.
No. U72-51.
COUNTY BOARD OF
REGISTRARS MAY REQUIRE ADDITIONAL INFORMATION. --Former Code 1933, § 34-1402
(see now O.C.G.A. § 21-2-381) requires an application for an absentee voter's
ballot to contain certain information, but also allows a county board of
registrars to require additional information. 1970 Op. Att'y Gen. No.
U70-169.
ABSENTEE ELECTOR WHO
IS WITHIN THE STATE MUST APPLY FOR THE ELECTOR'S OWN BALLOT, although the
elector may do so by mail as well as in person. 1974 Op. Att'y Gen. No.
74-54.
NUMBER OF
APPLICATIONS OBTAINABLE. --It is permissible for an individual to obtain
numerous absentee ballot applications from the county registrar, but the county
registrar may limit the number of applications to prevent waste and for other
similar considerations. 1984 Op. Att'y Gen. No. 84-73.
ONE APPLYING FOR
BALLOT MUST BEAR PROPER RELATIONSHIP TO ABSENTEE ELECTOR. --The board of
registrars may and should refuse to issue a ballot for an absentee elector when
the application is made by anyone not bearing the proper relationship to the
elector. 1968 Op. Att'y Gen. No. 68-85.
DELIVERY OF BALLOT
TO ANOTHER NOT AUTHORIZED. --Former Code 1933, § 34-1402 (see now O.C.G.A. §
21-2-381) did not authorize the actual delivery of an absentee ballot to one
other than the elector. 1970 Op. Att'y Gen. No. U70-155.
DELIVERY OF BALLOTS
TO HOSPITALIZED INDIVIDUALS. --Registrars may deliver absentee ballots to
individuals hospitalized on the date of a primary or election or at times prior
to the primary or election. 1990 Op. Att'y Gen. No. 90-30.
REQUEST FOR ALL
INFORMATION SOUGHT BY REGISTRATION PROVISIONS. --Where there is an absence of
information on a registration card, and a consequent lack of correspondence
between that source of information and the information provided on the
completed absentee ballot application, the registrar may properly request the
absentee ballot applicants to furnish all the information which is sought by
former Code 1933 §§ 34-614 and 34A-509 (see now O.C.G.A. § 21-2-217) in the
event the applicant does not furnish the requested information, the applicant's
application may be rejected. 1976 Op. Att'y Gen. No. 76-2.
INCOMPLETE
REGISTRATION CARD MAY MAKE APPLICANT INELIGIBLE TO VOTE. --If upon examination
of an application for absentee ballot, the appropriate officer ascertains that
the supporting registration card is incomplete by reason of the absence of the
required signature, the officer should determine the applicant to be ineligible
and proceed accordingly. 1976 Op. Att'y Gen. No. 76-2.
Where the
appropriate officer, upon examination of the registration card supporting an
application for absentee ballot, found the registration complete as to
signature but incomplete as to other information required by the statutory
form, and where by executing the oath prescribed by the registration card the
applicant furnished information, albeit incomplete, as to both the applicant's
identity and the applicant's qualifications to vote, a summary finding under
former Code 1933, § 34-1402(b) (see now O.C.G.A. § 21-2-381(b)) that the
applicant for an absentee ballot was ineligible to vote was precluded. 1976 Op.
Att'y Gen. No. 76-2.
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, § 337.
C.J.S. --
29 C.J.S., Elections, § 345 et seq.
ALR. --
Voting by persons in the military service, 140 A.L.R. 1100;
147 A.L.R. 1443; 148 A.L.R. 1402; 149 A.L.R. 1466; 150 A.L.R. 1460; 151 A.L.R.
1464; 152 A.L.R. 1459; 153 A.L.R. 1434; 154 A.L.R. 1459; 155 A.L.R. 1459.
State voting
rights of residents of federal military establishment, 34 A.L.R.2d 1193.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-380.1
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 10. ABSENTEE VOTING
§ 21-2-380.1. Appointment of absentee ballot clerk
The
governing authority of a municipality shall appoint an absentee ballot clerk
who may be the county registrar or any other designated official and who shall
perform the duties set forth in this article.
History
Code 1981, § 21-2-380.1, enacted by Ga. L. 1998, p. 295, § 1; Ga. L. 2001, p. 230, § 12; Ga. L. 2001, p. 240, § 32; Ga. L. 2003, p. 151, § 1; Ga. L. 2017, p. 697, § 15/HB 268.
Annotations
Notes
THE 2017 AMENDMENT, effective July 1, 2017, deleted ", municipal registrar," following "county registrar" in the middle of this Code section.
Research References & Practice Aids
LAW REVIEWS. --
For article, "Local Government Law," see 53 Mercer L. Rev. 389 (2001).
For note on the 2001 amendment to this Code section, see 18 Ga. St. U. L. Rev. 114 (2001).
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-382
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 10. ABSENTEE VOTING
§ 21-2-382. Additional sites as additional registrar's
office or place of registration for absentee ballots
(a) Any
other provisions of this chapter to the contrary notwithstanding, the board of
registrars may establish additional sites as additional registrar's offices or
places of registration for the purpose of receiving absentee ballots under Code
Section 21-2-381 and for the purpose of voting absentee ballots under Code
Section 21-2-385, provided that any such site is a branch of the county
courthouse, a courthouse annex, a government service center providing general
government services, another government building generally accessible to the
public, or a location that is used as an election day polling place,
notwithstanding that such location is not a government building.
(b) Any
other provisions of this chapter to the contrary notwithstanding, in all counties
of this state having a population of 550,000 or more according to the United
States decennial census of 1990 or any future such census, any branch of the
county courthouse or courthouse annex established within any such county shall
be an additional registrar's or absentee ballot clerk's office or place of
registration for the purpose of receiving absentee ballots under Code Section
21-2-381 and for the purpose of voting absentee ballots under Code Section
21-2-385.
History
Code
1933, § 34-1406.1, enacted by Ga. L. 1979, p. 677, § 1; Ga. L. 1981, p. 534, §
1; Ga. L. 1982, p. 3, § 21; Ga. L. 1992, p. 1208, § 1; Ga. L. 1995, p. 1027, §
8; Ga. L. 1998, p. 295, § 1; Ga. L. 1999, p. 52, § 11A; Ga. L. 2010, p. 914, § 19/HB 540; Ga. L. 2019, p. 7, § 28/HB 316.
Annotations
Notes
THE 2019 AMENDMENT,
effective April 2, 2019, in subsection (a), deleted "or" preceding
"another government building" near the end, and added ", or a
location that is used as an election day polling place, notwithstanding that
such location is not a government building" at the end.
Research References & Practice Aids
ADMINISTRATIVE RULES AND
REGULATIONS. --
Additional sites as additional registrar's offices or places
of registration for absentee ballots, Official Compilation of the Rules and
Regulations of the State of Georgia, Georgia Election Code, Absentee Voting, §
183-1-14-.08.
LAW REVIEWS. --
For article on the 2019 amendment of this Code section, see
36 Ga. St. U.L. Rev. 81 (2019).
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-383
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 10. ABSENTEE VOTING
§ 21-2-383. Preparation and delivery of ballots; form of
ballots; casting ballot in person using DRE unit; casting ballot in person or
asabsentee using electronic ballot markers
(a) Ballots
for use by absentee electors shall be prepared sufficiently in advance by the
superintendent and shall be delivered to the board of registrars or absentee
ballot clerk as provided in Code Section 21-2-384. Such ballots shall be marked
"Official Absentee Ballot" and shall be in substantially the form for
ballots required by Article 8 of this chapter, except that in counties using
voting machines or direct recording electronic (DRE) units the ballots may be
in substantially the form for the ballot labels required by Article 9 of this
chapter. Every such ballot shall have printed with other instructions thereon
the following:
"I
understand that the offer or acceptance of money or any other object of value
to vote for any particular candidate, list of candidates, issue, or list of
issues included in this election constitutes an act of voter fraud and is a felony
under Georgia law."
The form for either ballot shall be
determined and prescribed by the Secretary of State, except in municipal
primaries or elections, in which the form of absentee ballots which follows the
paper ballot format shall be determined and prescribed by the
superintendent.
(b) Notwithstanding
any other provision of this Code section, in jurisdictions in which direct
recording electronic (DRE) voting systems are used at the polling places on
election day, such direct recording electronic (DRE) voting systems shall be
used for casting absentee ballots in person at a registrar's or absentee ballot
clerk's office or in accordance with Code Section 21-2-382, providing for
additional sites.
(c) Notwithstanding
any other provision of this Code section to the contrary, in jurisdictions in
which electronic ballot markers are used in the polling places on election day,
such electronic ballot markers shall be used for casting absentee ballots in
person at a registrar's or absentee ballot clerk's office or in accordance with
Code Section 21-2-382, providing for additional sites.
History
Code
1933, § 34-1403, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1968, p.
871, § 15a; Ga. L. 1969, p. 329, § 21; Ga. L. 1997, p. 649, § 5; Ga. L. 1998,
p. 295, § 1; Ga. L. 1998, p. 1231, §§ 15, 38; Ga. L. 2003, p. 517, § 37; Ga. L. 2010, p. 914, § 20/HB 540; Ga. L. 2019, p. 7, § 29/HB 316.
Annotations
Notes
THE 2019 AMENDMENT,
effective April 2, 2019, added subsection (c).
Research References & Practice Aids
ADMINISTRATIVE RULES AND
REGULATIONS. --
Use of DRE units for absentee balloting, Official
Compilation of the Rules and Regulations of the State of Georgia, Georgia
Election Code, Absentee Voting, § 183-1-14-.02.
Spoiled absentee
ballots, Official Compilation of the Rules and Regulations of the State of
Georgia, Georgia Election Code, Absentee Voting, § 183-1-14-.06.
LAW REVIEWS. --
For article on the 2019 amendment of this Code section, see
36 Ga. St. U.L. Rev. 81 (2019).
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, §§ 340, 341.
C.J.S. --
29 C.J.S., Elections, § 345 et seq.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-381.2
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 10. ABSENTEE VOTING
§ 21-2-381.2. State write-in absentee ballot for certain
electors
(a) The
Secretary of State shall design a state write-in absentee ballot for federal
offices and state offices that are voted upon on a state-wide basis for use in
a primary runoff or election runoff by an eligible absentee elector who lives
outside the county or municipality in which the election is held and who
is:
(1) A
member of the armed forces of the United States, a member of the merchant
marine of the United States, a member of the commissioned corps of the Public
Health Service or the National Oceanic and Atmospheric Administration, or a
spouse or dependent of such member residing with or accompanying said member;
or
(2) A
citizen of the United States residing outside the United States.
(b) Such
state write-in absentee ballot shall be automatically included with any
absentee ballot sent to such eligible absentee electors for any general primary
or general election. No special request for such state write-in absentee ballot
shall be required.
(c) The
state write-in absentee ballot shall contain instructions for completing and
returning such ballot.
(d) The
Secretary of State shall establish a website which such eligible absentee
electors may access to determine if there is a primary runoff or election
runoff for a federal office or a state office that is voted upon on a
state-wide basis. The address of such website shall be included in the
instructions for voting such state write-in absentee ballot.
(e) The
State Election Board may provide by rule or regulation for additional means of
transmitting the state write-in absentee ballot to eligible absentee electors
including, but not limited to, the use of facsimile transmissions and portable
document format electronic versions.
(f) The
registrars shall send a regular absentee ballot to such eligible absentee
electors in accordance with Code Section 21-2-381. In the event that both the
regular absentee ballot and the state write-in absentee ballot are received by
the registrars within the time period for receiving absentee ballots, the
regular absentee ballot shall be counted and the state write-in absentee ballot
shall be kept unopened in the same manner as absentee ballots that are returned
too late to be counted. Ballots for primary runoffs and election runoffs that
are postmarked by the date of the primary runoff or election runoff, if proper
in all other respects, shall be counted if received by the registrars within
the three-day period following such primary runoff or election runoff.
History
Code
1981, § 21-2-381.2, enacted by Ga. L.
2005, p. 253, § 52/HB 244; Ga. L. 2006,
p. 69, § 1/SB 467.
Annotations
Research References & Practice Aids
ADMINISTRATIVE RULES AND
REGULATIONS. --
State write-in absentee ballot, Official Compilation of the
Rules and Regulations of the State of Georgia, Georgia Election Code, Absentee
Voting, § 183-1-14-.05.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-384
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 10. ABSENTEE VOTING
§ 21-2-384. Preparation and delivery of supplies; mailing of
ballots; oath of absentee electors and persons assisting absentee electors;
master list of ballots sent; challenges; electronic transmission of ballots
(a)
(1) The
superintendent shall, in consultation with the board of registrars or absentee
ballot clerk, prepare, obtain, and deliver before the date specified in
paragraph (2) of this subsection an adequate supply of official absentee
ballots to the board of registrars or absentee ballot clerk for use in the
primary or election or as soon as possible prior to a runoff. Envelopes and
other supplies as required by this article may be ordered by the
superintendent, the board of registrars, or the absentee ballot clerk for use
in the primary or election.
(2) The
board of registrars or absentee ballot clerk shall mail or issue official
absentee ballots to all eligible applicants not more than 49 days but not less
than 45 days prior to any presidential preference primary, general primary
other than a municipal general primary, general election other than a municipal
general election, or special primary or special election in which there is a
candidate for a federal office on the ballot; 22 days prior to any municipal
general primary or municipal general election; and as soon as possible prior to
any runoff. In the case of all other special primaries or special elections,
the board of registrars or absentee ballot clerk shall mail or issue official
absentee ballots to all eligible applicants within three days after the receipt
of such ballots and supplies, but no earlier than 22 days prior to the
election; provided, however, that should any elector of the jurisdiction be
permitted to vote by absentee ballot beginning 49 days prior to a primary or
election, all eligible applicants of such jurisdiction shall be entitled to
vote by absentee ballot beginning 49 days prior to such primary or election. As
additional applicants are determined to be eligible, the board or clerk shall
mail or issue official absentee ballots to such additional applicants
immediately upon determining their eligibility; provided, however, that no
absentee ballot shall be mailed by the registrars or absentee ballot clerk on
the day prior to a primary or election and provided, further, that no absentee
ballot shall be issued on the day prior to a primary or election. The board of
registrars shall, within the same time periods specified in this subsection,
electronically transmit official absentee ballots to all electors who have
requested to receive their official absentee ballot electronically and are
entitled to vote such absentee ballot under the federal Uniformed and Overseas
Citizens Absentee Voting Act, 42 U.S.C. Section 1973ff, et seq., as
amended.
(3) The
date a ballot is voted in the registrar's or absentee ballot clerk's office or
the date a ballot is mailed or issued to an elector and the date it is returned
shall be entered on the application record therefor.
(4) The
delivery of an absentee ballot to a person confined in a hospital may be made
by the registrar or clerk on the day of a primary or election or during a
five-day period immediately preceding the day of such primary or election.
(5) In
the event an absentee ballot which has been mailed by the board of registrars
or absentee ballot clerk is not received by the applicant, the applicant may
notify the board of registrars or absentee ballot clerk and sign an affidavit
stating that the absentee ballot has not been received. The board of registrars
or absentee ballot clerk shall then issue a second absentee ballot to the applicant
and cancel the original ballot issued. The affidavit shall be attached to the
original application. A second application for an absentee ballot shall not be
required.
(b) Except
for ballots voted within the confines of the registrar's or absentee ballot
clerk's office, in addition to the mailing envelope addressed to the elector,
the superintendent, board of registrars, or absentee ballot clerk shall provide
two envelopes for each official absentee ballot, of such size and shape as
shall be determined by the Secretary of State, in order to permit the placing
of one within the other and both within the mailing envelope. On the smaller of
the two envelopes to be enclosed in the mailing envelope shall be printed the
words "Official Absentee Ballot" and nothing else. On the back of the
larger of the two envelopes to be enclosed within the mailing envelope shall be
printed the form of oath of the elector and the oath for persons assisting
electors, as provided for in Code Section 21-2-409, and the penalties provided
for in Code Sections 21-2-568, 21-2-573, 21-2-579, and 21-2-599 for violations
of oaths; and on the face of such envelope shall be printed the name and
address of the board of registrars or absentee ballot clerk. The larger of the
two envelopes shall also display the elector's name and voter registration
number. The mailing envelope addressed to the elector shall contain the two
envelopes, the official absentee ballot, the uniform instructions for the
manner of preparing and returning the ballot, in form and substance as provided
by the Secretary of State, provisional absentee ballot information, if
necessary, and a notice in the form provided by the Secretary of State of all
withdrawn, deceased, and disqualified candidates and any substitute candidates
pursuant to Code Sections 21-2-134 and 21-2-155 and nothing else. The uniform
instructions shall include information specific to the voting system used for
absentee voting concerning the effect of overvoting or voting for more
candidates than one is authorized to vote for a particular office and
information concerning how the elector may correct errors in voting the ballot
before it is cast including information on how to obtain a replacement ballot
if the elector is unable to change the ballot or correct the error.
(c) (1)
The oaths referred to in subsection (b) of this Code section shall be in
substantially the following form:
I, the undersigned, do swear (or
affirm) that I am a citizen of the United States and of the State of Georgia;
that I possess the qualifications of an elector required by the laws of the
State of Georgia; that I am entitled to vote in the precinct containing my
residence in the primary or election in which this ballot is to be cast; that I
am eligible to vote by absentee ballot; that I have not marked or mailed any
other absentee ballot, nor will I mark or mail another absentee ballot for
voting in such primary or election; nor shall I vote therein in person; and
that I have read and understand the instructions accompanying this ballot; and
that I have carefully complied with such instructions in completing this
ballot. I understand that the offer or acceptance of money or any other object
of value to vote for any particular candidate, list of candidates, issue, or
list of issues included in this election constitutes an act of voter fraud and
is a felony under Georgia law.
Signature or Mark of Elector
Printed Name of Elector
Oath of Person Assisting Elector (if
any):
I, the undersigned, do swear (or
affirm) that I assisted the above-named elector in marking such elector's
absentee ballot as such elector personally communicated such elector's
preference to me; and that such elector is entitled to receive assistance in
voting under provisions of subsection (a) of Code Section 21-2-409.
This, the day of ,
.
Signature of Person Assisting
Elector
Printed Name of Person
Assisting Elector
Reason for assistance (Check appropriate
square):
[] Elector is unable to read the
English language.
[] Elector requires assistance due to
physical disability.
The forms upon which such oaths are
printed shall contain the following information:
Georgia law provides that any person
who knowingly falsifies information so as to vote illegally by absentee ballot
or who illegally gives or receives assistance in voting, as specified in Code
Section 21-2-568 or 21-2-573, shall be guilty of a felony.
(2) In
the case of absent uniformed services or overseas voters, if the presidential
designee under Section 705(b) of the federal Help America Vote Act promulgates
a standard oath for use by such voters, the Secretary of State shall be
required to use such oath on absentee ballot materials for such voters and such
oath shall be accepted in lieu of the oath set forth in paragraph (1) of this
subsection.
(d) Each
board of registrars or absentee ballot clerk shall maintain for public
inspection a master list, arranged by precincts, setting forth the name and
residence of every elector to whom an official absentee ballot has been sent.
Absentee electors whose names appear on the master list may be challenged by
any elector prior to 5:00 P.M. on the day before the primary or election.
(e) The
State Election Board shall by rule or regulation establish procedures for the
transmission of blank absentee ballots by mail and by electronic transmission
for all electors who are entitled to vote by absentee ballot under the federal
Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. Section 20302,
et seq., as amended, and by which such electors may designate whether the
elector prefers the transmission of such ballots by mail or electronically, for
use in county, state, and federal primaries, elections, and runoffs in this
state and, if the Secretary of State finds it to be feasible, for use in
municipal primaries, elections, and runoffs. If no preference is stated, the
ballot shall be transmitted by mail. The State Election Board shall by rule or
regulation establish procedures to ensure to the extent practicable that the
procedures for transmitting such ballots shall protect the security and
integrity of such ballots and shall ensure that the privacy of the identity and
other personal data of such electors who are entitled to vote by absentee
ballot under the federal Uniformed and Overseas Citizens Absentee Voting Act,
52 U.S.C. Section 20302, et seq., as amended, to whom a blank absentee ballot
is transmitted under this Code section is protected throughout the process of
such transmission.
History
Code
1933, §§ 34-1404, 34-1405, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga.
L. 1970, p. 347, § 27; Ga. L. 1974, p. 71, §§ 4, 5; Ga. L. 1977, p. 684, § 1;
Ga. L. 1977, p. 725, § 1; Ga. L. 1982, p. 3, § 21; Ga. L. 1982, p. 1512, § 5;
Ga. L. 1985, p. 206, § 1; Ga. L. 1985, p. 496, § 13; Ga. L. 1985, p. 632, § 4;
Ga. L. 1986, p. 32, § 1; Ga. L. 1987, p. 34, § 1; Ga. L. 1987, p. 417, § 5; Ga.
L. 1989, p. 643, § 9; Ga. L. 1990, p. 143, § 4; Ga. L. 1992, p. 1, § 2; Ga. L.
1992, p. 1815, § 3; Ga. L. 1995, p. 1027, § 9; Ga. L. 1997, p. 649, § 6; Ga. L.
1998, p. 295, § 1; Ga. L. 1999, p. 21, § 1; Ga. L. 1999, p. 52, § 12; Ga. L.
2001, p. 230, § 14; Ga. L. 2003, p. 517, § 38;
Ga. L. 2005, p. 253, § 53/HB 244;
Ga. L. 2006, p. 888, § 3/HB 1435;
Ga. L. 2007, p. 536, § 1/SB 40;
Ga. L. 2008, p. 261, § 1/SB 456;
Ga. L. 2010, p. 569, §§ 4, 5/HB 1073;
Ga. L. 2011, p. 683, § 12/SB 82;
Ga. L. 2011, p. 697, § 2/HB 92;
Ga. L. 2012, p. 995, § 26/SB 92;
Ga. L. 2017, p. 697, § 17/HB 268;
Ga. L. 2019, p. 7, § 30/HB 316.
Annotations
Notes
THE 2017 AMENDMENT,
effective July 1, 2017, in paragraph (c)(1), in the form, inserted ", for
voting purposes," near the beginning, and substituted "Year of
Elector's Birth" for "Month and Day of Elector's Birth" near the
middle.
THE 2019 AMENDMENT,
effective April 2, 2019, in subsection (b), inserted "addressed to the
elector" near the middle of the first sentence, added the fourth sentence,
inserted "provisional absentee ballot information, if necessary," in
the middle of the fifth sentence; rewrote paragraph (c)(1); and in subsection
(e), substituted "52 U.S.C. Section 20302" for "42 U.S.C.
Section 1973ff" in the first and third sentences, and added ", for
use in county, state, and federal primaries, elections, and runoffs in this
state and, if the Secretary of State finds it to be feasible, for use in
municipal primaries, elections, and runoffs" at the end of the first
sentence.
CODE COMMISSION NOTES. --
Pursuant to Code Section 28-9-3, in 2011, the amendment of
subsection (a) of this Code section by
Ga. L. 2011, p. 683, § 12/SB 82, was treated as impliedly repealed and
superseded by Ga. L. 2011, p. 697, §
2/HB 92, due to irreconcilable conflict. See County of Butts v. Strahan, 151
Ga. 417 (1921); Keener v. McDougall, 232 Ga. 273 (1974).
LAW REVIEWS. --
For article, "Local Government Law," see 53 Mercer
L. Rev. 389 (2001). For survey article on local government law, see 59 Mercer
L. Rev. 285 (2007).
For note on the 2001 amendment to this
Code section, see 18 Ga. St. U. L. Rev. 114 (2001).
Case Notes
JUDICIAL DECISIONS
INVALIDATION OF
ELECTION REVERSED ON APPEAL. --Trial court erred by invalidating an election
for sheriff and ordering a new election because the evidence of systemic
misconduct for vote buying and alleged wrongful distribution of absentee
ballots was speculative and insufficient to support the trial court's
conclusion that irregularities cause doubt on the results. Meade v. Williamson,
293 Ga. 142, 745 S.E.2d 279 (2013).
ABSENTEE BALLOT
PROCEDURE INADEQUATE TO SATISFY FEDERAL LAW. --State write-in absentee ballot
that was sent to uniformed voters overseas by defendant State of Georgia, as
part of the state's election scheme pursuant to O.C.G.A. § 21-2-384(a)(2), was
merely a partial ballot--without necessary candidate information--the
transmission of which could not fulfill the 45 day deadline for transmitting a
ballot to voters under the Uniformed and Overseas Citizens Absentee Voting Act
of 1986 (UOCAVA), 42 U.S.C. 1973ff et seq., as amended by the Military and
Overseas Voter Empowerment Act, Pub. L. No. 111-84, Subtitle H, §§ 575-589, 123
Stat. 2190, 2318-2335 (2009). United States v. Georgia, No. 1:12-cv-2230-SCJ,
2012 U.S. Dist. LEXIS 138451 (N.D. Ga. July 5, 2012).
CITED in Collins v.
Collins, 129 Ga. App. 372, 199 S.E.2d 626 (1973).
Research References & Practice Aids
OPINIONS OF THE ATTORNEY
GENERAL
DELEGATION OF
RESPONSIBILITIES BY BOARD OF REGISTRARS PERMISSIBLE. --Read together, former
Code 1933, §§ 34-604 and 34-1405 (see now O.C.G.A. §§ 21-2-212 and 21-2-384)
allow the conclusion that boards of registrars have authority to delegate to
deputy registrars any tasks for which they are responsible under the Georgia
Election Code. 1981 Op. Att'y Gen. No. 81-70.
WHEN VOTING IS
COMPLETE. --Absentee elector has voted when the elector returns the ballot to
the registrar with complete identifying information required by former Code
1933, § 44-1404 (see now O.C.G.A. § 21-2-384) so that the elector's name is
placed upon the list of certified absentee electors as required by former Code
1933, § 34-1407 (see now O.C.G.A. § 21-2-386). 1974 Op. Att'y Gen. No.
74-133.
PUBLIC RIGHT TO COPY
LIST OF ABSENTEE NAMES. --The right given to the public by the Election Code
includes the right to copy the list of absentee names while in the proper official's
office. 1968 Op. Att'y Gen. No. 68-450.
INSPECTION OF
RETURNED ABSENTEE BALLOTS PRIOR TO POLLS CLOSING NOT REQUIRED. --Boards of
registrars are not required to make returned absentee ballots subject to
inspection prior to the closing of the polls. 1990 Op. Att'y Gen. No.
90-31.
DELIVERY OF BALLOTS
TO HOSPITALIZED INDIVIDUALS. --Registrars may deliver absentee ballots to
individuals hospitalized on the date of a primary or election or at times prior
to the primary or election. 1990 Op. Att'y Gen. No. 90-30.
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, §§ 338, 340.
C.J.S. --
29 C.J.S., Elections, § 345 et seq.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-385
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 10. ABSENTEE VOTING
§ 21-2-385. Procedure for voting by absentee ballot; advance
voting
(a) At
any time after receiving an official absentee ballot, but before the day of the
primary or election, except electors who are confined to a hospital on the day
of the primary or election, the elector shall vote his or her absentee ballot,
then fold the ballot and enclose and securely seal the same in the envelope on
which is printed "Official Absentee Ballot." This envelope shall then
be placed in the second one, on which is printed the form of the oath of the
elector; the name and oath of the person assisting, if any; and other required
identifying information. The elector shall then fill out, subscribe, and swear
to the oath printed on such envelope. Such envelope shall then be securely
sealed and the elector shall then personally mail or personally deliver same to
the board of registrars or absentee ballot clerk, provided that mailing or
delivery may be made by the elector's mother, father, grandparent, aunt, uncle,
brother, sister, spouse, son, daughter, niece, nephew, grandchild, son-in-law,
daughter-in-law, mother-in-law, father-in-law, brother-in-law, sister-in-law,
or an individual residing in the household of such elector. The absentee ballot
of a disabled elector may be mailed or delivered by the caregiver of such
disabled elector, regardless of whether such caregiver resides in such disabled
elector's household. The absentee ballot of an elector who is in custody in a
jail or other detention facility may be mailed or delivered by any employee of
such jail or facility having custody of such elector. An elector who is
confined to a hospital on a primary or election day to whom an absentee ballot
is delivered by the registrar or absentee ballot clerk shall then and there
vote the ballot, seal it properly, and return it to the registrar or absentee
ballot clerk. If the elector registered to vote for the first time in this
state by mail and has not previously provided the identification required by
Code Section 21-2-220 and votes for the first time by absentee ballot and fails
to provide the identification required by Code Section 21-2-220 with such
absentee ballot, such absentee ballot shall be treated as a provisional ballot
and shall be counted only if the registrars are able to verify the
identification and registration of the elector during the time provided
pursuant to Code Section 21-2-419.
(b) A
physically disabled or illiterate elector may receive assistance in preparing
his or her ballot from any person of the elector's choice other than such
elector's employer or the agent of such employer or an officer or agent of such
elector's union; provided, however, that no person whose name appears on the
ballot as a candidate at a particular primary, election, or runoff nor the
mother, father, grandparent, aunt, uncle, sister, brother, spouse, son, daughter,
niece, nephew, grandchild, son-in-law, daughter-in-law, mother-in-law,
father-in-law, brother-in-law, or sister-in-law of such candidate shall offer
assistance during such primary, election, or runoff under the provisions of
this Code section to any elector who is not related to such candidate. For the
purposes of this subsection, the term "related to such candidate"
shall mean such candidate's mother, father, grandparent, aunt, uncle, sister,
brother, spouse, son, daughter, niece, nephew, grandchild, son-in-law,
daughter-in-law, mother-in-law, father-in-law, brother-in-law, or
sister-in-law. The person rendering assistance to the elector in preparing the
ballot shall sign the oath printed on the same envelope as the oath to be
signed by the elector. Any person who willfully violates this subsection shall
be guilty of a felony and, upon conviction thereof, shall be sentenced to
imprisonment for not less than one nor more than ten years or to pay a fine not
to exceed $100,000.00, or both, for each such violation.
(c) When
an elector applies in person for an absentee ballot, after the absentee ballots
have been printed, the absentee ballot may be issued to the elector at the time
of the application therefor within the confines of the registrar's or absentee
ballot clerk's office if such application is made during the advance voting
period as provided in subsection (d) of this Code section or may be mailed to
the elector, depending upon the elector's request. If the ballot is issued to
the elector at the time of application, the elector shall then and there within
the confines of the registrar's or absentee ballot clerk's office vote and
return the absentee ballot as provided in subsections (a) and (b) of this Code
section. In the case of persons voting in accordance with subsection (d) of
this Code section, the board of registrars or absentee ballot clerk shall
furnish accommodations to the elector to ensure the privacy of the elector
while voting his or her absentee ballot.
(d) (1)
There shall be a period of advance voting that shall commence:
(A) On the fourth Monday immediately
prior to each primary or election;
(B) On the fourth Monday immediately
prior to a runoff from a general primary;
(C) On the fourth Monday immediately
prior to a runoff from a general election in which there are candidates for a
federal office on the ballot in the runoff; and
(D) As soon as possible prior to a
runoff from any other general election in which there are only state or county
candidates on the ballot in the runoff but no later than the second Monday
immediately prior to such runoff
and shall end on the Friday immediately prior
to each primary, election, or runoff. Voting shall be conducted during normal
business hours on weekdays during such period and shall be conducted on the
second Saturday prior to a primary or election during the hours of 9:00 A.M.
through 4:00 P.M.; provided, however, that in primaries and elections in which
there are no federal or state candidates on the ballot, no Saturday voting
hours shall be required; and provided, further, that, if such second Saturday
is a public and legal holiday pursuant to Code Section 1-4-1, if such second
Saturday follows a public and legal holiday occurring on the Thursday or Friday
immediately preceding such second Saturday, or if such second Saturday
immediately precedes a public and legal holiday occurring on the following
Sunday or Monday, such advance voting shall not be held on such second Saturday
but shall be held on the third Saturday prior to such primary or election.
Except as otherwise provided in this paragraph, counties and municipalities may
extend the hours for voting beyond regular business hours and may provide for
additional voting locations pursuant to Code Section 21-2-382 to suit the needs
of the electors of the jurisdiction at their option.
(2) The registrars or absentee ballot
clerk, as appropriate, shall provide reasonable notice to the electors of their
jurisdiction of the availability of advance voting as well as the times, dates,
and locations at which advance voting will be conducted. In addition, the
registrars or absentee ballot clerk shall notify the Secretary of State in the
manner prescribed by the Secretary of State of the times, dates, and locations
at which advance voting will be conducted.
History
Ga.
L. 1924, p. 186, § 4; Code 1933, § 34-3303; Ga. L. 1953, Jan.-Feb. Sess., p.
579, § 1; Ga. L. 1955, p. 204, § 3; Ga. L. 1955, p. 732, § 3; Ga. L. 1956, p.
682, §§ 3, 4; Code 1933, § 34-1406, enacted by Ga. L. 1964, Ex. Sess., p. 26, §
1; Ga. L. 1965, p. 119, § 1; Ga. L. 1968, p. 871, § 16; Ga. L. 1969, p. 329, §
22; Ga. L. 1974, p. 71, §§ 6-8; Ga. L. 1977, p. 683, § 1; Ga. L. 1980, p. 1256,
§ 4; Ga. L. 1981, p. 1718, § 8; Ga. L. 1983, p. 140, § 1; Ga. L. 1985, p. 496,
§ 14; Ga. L. 1986, p. 32, § 1; Ga. L. 1986, p. 932, § 6; Ga. L. 1988, p. 641, §
2; Ga. L. 1989, p. 1742, § 2; Ga. L. 1990, p. 143, § 5; Ga. L. 1992, p. 2510, §
3; Ga. L. 1998, p. 295, § 1; Ga. L. 2003, p. 517, § 39; Ga. L. 2006, p. 888, § 4/HB 1435; Ga. L. 2007, p. 536, § 2/SB 40; Ga. L. 2010, p. 914, § 21/HB 540; Ga. L. 2011, p. 697, § 3/HB 92; Ga. L. 2014, p. 1, § 6/HB 310; Ga. L. 2016, p. 173, § 4/SB 199; Ga. L. 2017, p. 697, § 18/HB 268; Ga. L. 2019, p. 7, § 31/HB 316.
Annotations
Notes
THE 2017 AMENDMENT,
effective July 1, 2017, substituted "primary or election" for
"primary, election, or runoff" at the end of the next to last
sentence of the ending undesignated paragraph of paragraph (d)(1).
THE 2019 AMENDMENT,
effective April 2, 2019, in subsection (a), substituted "elector; the name
and oath" for "elector, the name, relationship, and oath" and
"if any;" for "if any," in the middle of the second
sentence; inserted "personally" following "elector shall
then", substituted "mailing or delivery may be made by the
elector's" for "delivery by a physically disabled elector may be made
by any adult person upon satisfactory proof that such adult person is such
elector's", and deleted "disabled" preceding "elector"
at the end; added the fifth and sixth sentences; rewrote subsection (b); and
added "but no later than the second Monday immediately prior to such
runoff" at the end of subparagraph (d)(1)(D).
Case Notes
JUDICIAL DECISIONS
EDITOR'S NOTES. --In
light of the similarity of the statutory provisions, decisions under former
Code 1933, § 34A-1006 are included in the annotations for this Code
section.
VOTER MUST REMOVE
STUBS BEFORE MAILING. --Unless stubs on ballots are removed by a voter prior to
being mailed, ballots are void. Nobles v. Osborne, 124 Ga. App. 454, 184 S.E.2d
207 (1971), cert. denied, 409 U.S. 853, 93 S. Ct. 183, 34 L. Ed. 2d 96 (1972)
(decided under former Code 1933, § 34A-1006).
WHO MAY MAIL BALLOTS
FOR A VOTER. --In an election contest, the election winner was not entitled to
attorney fees under O.C.G.A. § 9-15-14(a). Given the language of O.C.G.A. §
21-2-385(a) as to who could mail ballots for a voter, the complaint could not
be described as lacking any justiciable issue of law or fact, and a sufficient
number of ballots could have been found invalid so as to change the election
result. Kendall v. Delaney, 283 Ga. 34, 656 S.E.2d 812 (2008).
INVALIDATION OF
ELECTION REVERSED ON APPEAL. --Trial court erred by invalidating an election
for sheriff and ordering a new election because the evidence of systemic
misconduct for vote buying and alleged wrongful distribution of absentee
ballots was speculative and insufficient to support the trial court's
conclusion that irregularities cause doubt on the results. Meade v. Williamson,
293 Ga. 142, 745 S.E.2d 279 (2013).
EARLY VOTING RIGHTS.
--Voter participation organizations did not articulate any specifics as to an
injury as the officials' decision was used as a proxy for voter suppression or
targeted at a protected class, and as no voter would be deprived of the right
to vote, the organizations were not entitled to injunctive relief against a
county's election officials regarding a statutory limitation on early voting
rights. Gwinnett Cty. NAACP v. Gwinnett Cty. Bd. of Registration &
Elections, No. 1:20-cv-00912-SDG, 2020 U.S. Dist. LEXIS 36702 (N.D. Ga. Mar. 3,
2020).
Research References & Practice Aids
ADMINISTRATIVE RULES AND
REGULATIONS. --
Provisional absentee ballots, Official Compilation of the
Rules and Regulations of the State of Georgia, Georgia Election Code, Absentee
Voting, § 183-1-14-.03.
LAW REVIEWS. --
For survey article on local government law, see 60 Mercer L.
Rev. 263 (2008). For article on the 2014 amendment of this Code section, see 31
Ga. St. U. L. Rev. 93 (2014). For article on the 2019 amendment of this Code
section, see 36 Ga. St. U.L. Rev. 81 (2019).
OPINIONS OF THE ATTORNEY
GENERAL
RESTRICTIONS
UNENFORCEABLE IN PRESIDENTIAL PREFERENCE PRIMARY. --The restrictions contained
in O.C.G.A. § 21-2-409, limiting the class of persons permitted to assist
disabled or illiterate electors at the polls, and the restrictions contained in
O.C.G.A. § 21-2-385, limiting the class of persons permitted to assist disabled
or illiterate electors voting by absentee ballot, cannot be enforced in the
presidential preference primary nor can the limitations contained in these Code
sections concerning the number of persons one individual may assist be
enforced. 1984 Op. Att'y Gen. No. 84-15.
DELIVERY OF BALLOTS
TO HOSPITALIZED INDIVIDUALS. --Registrars may deliver absentee ballots to
individuals hospitalized on the date of a primary or election or at times prior
to the primary or election. 1990 Op. Att'y Gen. No. 90-30.
POSSESSION OF
ANOTHER VOTER'S ABSENTEE BALLOT. --The mere possession of another voter's
absentee ballot does not constitute unlawful possession of an absentee ballot
under either O.C.G.A. § 21-2-385(a) or O.C.G.A. § 21-2-574. 2016 Op. Att'y Gen.
No. 16-2.
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, §§ 241, 243, 338.
C.J.S. --
29 C.J.S., Elections, § 345 et seq.
ALR. --
Validity, construction, and application of early voting
statutes, 29 A.L.R.6th 343.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-385.1
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 10. ABSENTEE VOTING
§ 21-2-385.1. Preferential treatment for older and disabled
voters
During
the period of advance voting established pursuant to subsection (d) of Code
Section 21-2-385, each elector who is 75 years of age or older or who is
disabled and requires assistance in casting an absentee ballot in person at the
registrar's office, absentee ballot clerk's office, or other locations as
provided for in Code Section 21-2-382 shall, upon request to a designated
office employee or other individual, be authorized to vote immediately at the
next available voting compartment or booth without having to wait in line if
such location utilizes direct recording electronic voting systems or be
authorized to go to the head of any line necessary to cast a written absentee ballot.
Notice of the provisions of this Code section shall be prominently displayed in
the registrar's office or absentee ballot clerk's office.
History
Code 1981, § 21-2-385.1, enacted by Ga. L. 2008, p. 1157, § 1/HB 993; Ga. L. 2011, p. 697, § 4/HB 92.
Annotations
Research References & Practice Aids
ADMINISTRATIVE RULES AND REGULATIONS. --
Use of absentee ballots when voting machines are inaccessible, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Election Code, Voting Machines -- Vote Recorders, § 183-1-12-.10.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-387
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 10. ABSENTEE VOTING
§ 21-2-387. Pilot program for electronic handling of
absentee ballots; requirements for pilot program; reporting; termination of
pilot program
(a) The
Secretary of State shall develop and implement a pilot program for the
electronic transmission, receipt, and counting of absentee ballots by persons
who are entitled to vote by absentee ballot under the federal Uniformed and
Overseas Citizens Absentee Voting Act, 42 U.S.C. Section 1973ff, et seq., as
amended, for use in a primary or a general election.
(b) Such
pilot program shall provide, at a minimum, for:
(1) The
encryption of information and the transmission of such information over a
secure network;
(2) The
authentication of such information;
(3) The
verification of the identity and eligibility of the elector to vote in the
primary, election, or runoff, as the case may be;
(4) The
protection of the privacy, anonymity, and integrity of the ballots cast;
(5) The
prevention of the casting of multiple ballots by the same elector in a primary,
election, or runoff;
(6) The
prevention of any tampering, abuse, fraudulent use, or illegal manipulation of
such system;
(7) The
uninterrupted reliability of such system for casting ballots by qualified
voters;
(8) The capability of the elector to
determine if the electronic transmission of the ballot was successful;
(9) The ability to audit such ballots
and to verify that such ballots were properly counted; and
(10) The ability to verify that the
information transmitted over the secure network was not viewed or altered by
sites that lie between the voting location and the vote counting
destination.
(c) The
Secretary of State shall develop procedures by which persons who are eligible
to utilize the pilot program to vote shall be notified of its availability and
the procedures and methods for its utilization.
(d) The
provisions of this article shall apply to ballots requested, transmitted,
voted, received, and counted under this pilot program as nearly as practicable,
but the Secretary of State and the State Election Board shall be authorized to
vary such provisions by rule or regulation as necessary to accomplish the goals
of this pilot program, provided that such variances shall retain and maintain
the same degree of security and integrity of such ballots as provided by this
article although in different forms or formats as necessitated by the
technology utilized in such pilot program. The Secretary of State and the State
Election Board are authorized to promulgate such rules and regulations as
necessary to implement the provisions of this Code section and to provide for
such variances to this article as needed pursuant to this subsection.
(e) The
Secretary of State shall review the results of the pilot program and shall
provide the members of the General Assembly with a comprehensive report no
later than 90 days following the primary or general election in which such
pilot program is used on the effectiveness of such pilot program with any
recommendations for its continued use and any needed changes in such program
for future primaries and elections.
(f) The
pilot program shall be used in the first primary or general election
following:
(1) The
inclusion in the Appropriations Act of a specific line item appropriation for
funding of such pilot program or a determination by the Secretary of State that
there is adequate funding through public or private funds, or a combination of
public and private funds, to conduct the pilot program; provided, however, that
no funds shall be accepted from registered political parties or political
bodies for this purpose; and
(2) Certification
by the Secretary of State that such pilot program is feasible and can be
implemented for such primary or general election.
(g) This
Code section shall be repealed by operation of law on July 1 of the year
following the conclusion of the pilot program.
History
Code
1981, § 21-2-387, enacted by Ga. L. 2010, p. 807, § 1; Ga. L. 2011, p. 683, § 14/SB 82.
Annotations
Notes
EDITOR'S NOTES. --
This Code section formerly pertained to the procedure for
ballots of deceased electors. The former Code section was based on Code 1933, §
34-1408, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1998, p. 295, §
1 and was repealed by Ga. L. 2005, p.
253, § 55/HB 244, effective July 1, 2005.
Ga. L. 2010, p. 807, § 1/HB 665 provides
for the creation by the Secretary of State of a pilot program for electronic
transmission of absentee ballots by military and overseas citizens and for the
repeal by operation of law on July 1 of the year following the conclusion of
the pilot program. As of August, 2020, the pilot program has not
concluded.
Research References & Practice Aids
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-386
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 10. ABSENTEE VOTING
§ 21-2-386. Safekeeping, certification, and validation of
absentee ballots; rejection of ballot; delivery of ballots to manager; duties
of managers; precinct returns; notification of challenged elector
(a) (1)
(A) The board of registrars or absentee ballot clerk shall keep safely,
unopened, and stored in a manner that will prevent tampering and unauthorized
access all official absentee ballots received from absentee electors prior to
the closing of the polls on the day of the primary or election except as
otherwise provided in this subsection.
(B) Upon receipt of each ballot, a
registrar or clerk shall write the day and hour of the receipt of the ballot on
its envelope. The registrar or clerk shall then compare the identifying
information on the oath with the information on file in his or her office,
shall compare the signature or mark on the oath with the signature or mark on
the absentee elector's voter registration card or the most recent update to such
absentee elector's voter registration card and application for absentee ballot
or a facsimile of said signature or mark taken from said card or application,
and shall, if the information and signature appear to be valid and other
identifying information appears to be correct, so certify by signing or
initialing his or her name below the voter's oath. Each elector's name so
certified shall be listed by the registrar or clerk on the numbered list of
absentee voters prepared for his or her precinct.
(C) If the elector has failed to sign
the oath, or if the signature does not appear to be valid, or if the elector
has failed to furnish required information or information so furnished does not
conform with that on file in the registrar's or clerk's office, or if the
elector is otherwise found disqualified to vote, the registrar or clerk shall
write across the face of the envelope "Rejected," giving the reason
therefor. The board of registrars or absentee ballot clerk shall promptly
notify the elector of such rejection, a copy of which notification shall be
retained in the files of the board of registrars or absentee ballot clerk for
at least two years. Such elector shall have until the end of the period for
verifying provisional ballots contained in subsection (c) of Code Section
21-2-419 to cure the problem resulting in the rejection of the ballot. The
elector may cure a failure to sign the oath, an invalid signature, or missing
information by submitting an affidavit to the board of registrars or absentee
ballot clerk along with a copy of one of the forms of identification enumerated
in subsection (c) of Code Section 21-2-417 before the close of such period. The
affidavit shall affirm that the ballot was submitted by the elector, is the
elector's ballot, and that the elector is registered and qualified to vote in
the primary, election, or runoff in question. If the board of registrars or
absentee ballot clerk finds the affidavit and identification to be sufficient,
the absentee ballot shall be counted.
(D) An elector who registered to vote by
mail, but did not comply with subsection (c) of Code Section 21-2-220, and who
votes for the first time in this state by absentee ballot shall include with
his or her application for an absentee ballot or in the outer oath envelope of
his or her absentee ballot either one of the forms of identification listed in
subsection (a) of Code Section 21-2-417 or a copy of a current utility bill,
bank statement, government check, paycheck, or other government document that
shows the name and address of such elector. If such elector does not provide
any of the forms of identification listed in this subparagraph with his or her
application for an absentee ballot or with the absentee ballot, such absentee
ballot shall be deemed to be a provisional ballot and such ballot shall only be
counted if the registrars are able to verify current and valid identification
of the elector as provided in this subparagraph within the time period for
verifying provisional ballots pursuant to Code Section 21-2-419. The board of
registrars or absentee ballot clerk shall promptly notify the elector that such
ballot is deemed a provisional ballot and shall provide information on the
types of identification needed and how and when such identification is to be
submitted to the board of registrars or absentee ballot clerk to verify the
ballot.
(E) Three copies of the numbered list of
voters shall also be prepared for such rejected absentee electors, giving the
name of the elector and the reason for the rejection in each case. Three copies
of the numbered list of certified absentee voters and three copies of the
numbered list of rejected absentee voters for each precinct shall be turned
over to the poll manager in charge of counting the absentee ballots and shall
be distributed as required by law for numbered lists of voters.
(F) All absentee ballots returned to the
board or absentee ballot clerk after the closing of the polls on the day of the
primary or election shall be safely kept unopened by the board or absentee
ballot clerk and then transferred to the appropriate clerk for storage for the
period of time required for the preservation of ballots used at the primary or
election and shall then, without being opened, be destroyed in like manner as
the used ballots of the primary or election. The board of registrars or
absentee ballot clerk shall promptly notify the elector by first-class mail
that the elector's ballot was returned too late to be counted and that the
elector will not receive credit for voting in the primary or election. All such
late absentee ballots shall be delivered to the appropriate clerk and stored as
provided in Code Section 21-2-390.
(G) Notwithstanding any provision of
this chapter to the contrary, until the United States Department of Defense
notifies the Secretary of State that the Department of Defense has implemented
a system of expedited absentee voting for those electors covered by this
subparagraph, absentee ballots cast in a primary, election, or runoff by
eligible absentee electors who reside outside the county or municipality in
which the primary, election, or runoff is held and are members of the armed
forces of the United States, members of the merchant marine of the United
States, spouses or dependents of members of the armed forces or merchant marine
residing with or accompanying such members, or overseas citizens that are
postmarked by the date of such primary, election, or runoff and are received
within the three-day period following such primary, election, or runoff, if
proper in all other respects, shall be valid ballots and shall be counted and
included in the certified election results.
(2) After the opening of the polls on
the day of the primary, election, or runoff, the registrars or absentee ballot
clerks shall be authorized to open the outer envelope on which is printed the
oath of the elector in such a manner as not to destroy the oath printed
thereon; provided, however, that the registrars or absentee ballot clerk shall
not be authorized to remove the contents of such outer envelope or to open the
inner envelope marked "Official Absentee Ballot," except as otherwise
provided in this Code section. At least three persons who are registrars,
deputy registrars, poll workers, or absentee ballot clerks must be present
before commencing; and three persons who are registrars, deputy registrars, or
absentee ballot clerks shall be present at all times while the outer envelopes
are being opened. After opening the outer envelopes, the ballots shall be
safely and securely stored until the time for tabulating such ballots.
(3) A county election superintendent
may, in his or her discretion, after 7:00 A.M. on the day of the primary,
election, or runoff open the inner envelopes in accordance with the procedures
prescribed in this subsection and begin tabulating the absentee ballots. If the
county election superintendent chooses to open the inner envelopes and begin
tabulating such ballots prior to the close of the polls on the day of the
primary, election, or runoff, the superintendent shall notify in writing, at
least seven days prior to the primary, election, or runoff, the Secretary of
State of the superintendent's intent to begin the absentee ballot tabulation
prior to the close of the polls. The county executive committee or, if there is
no organized county executive committee, the state executive committee of each
political party and political body having candidates whose names appear on the
ballot for such election in such county shall have the right to designate two
persons and each independent and nonpartisan candidate whose name appears on
the ballot for such election in such county shall have the right to designate
one person to act as monitors for such process. In the event that the only
issue to be voted upon in an election is a referendum question, the
superintendent shall also notify in writing the chief judge of the superior
court of the county who shall appoint two electors of the county to monitor
such process.
(4) The county election superintendent
shall publish a written notice in the superintendent's office of the
superintendent's intent to begin the absentee ballot tabulation prior to the
close of the polls and publish such notice at least one week prior to the
primary, election, or runoff in the legal organ of the county.
(5) The process for opening the inner
envelopes of and tabulating absentee ballots on the day of a primary, election,
or runoff as provided in this subsection shall be a confidential process to
maintain the secrecy of all ballots and to protect the disclosure of any
balloting information before 7:00 P.M. on election day. No absentee ballots
shall be tabulated before 7:00 A.M. on the day of a primary, election, or
runoff.
(6) All persons conducting the
tabulation of absentee ballots during the day of a primary, election, or
runoff, including the vote review panel required by Code Section 21-2-483, and
all monitors and observers shall be sequestered until the time for the closing
of the polls. All such persons shall have no contact with the news media; shall
have no contact with other persons not involved in monitoring, observing, or
conducting the tabulation; shall not use any type of communication device
including radios, telephones, and cellular telephones; shall not utilize computers
for the purpose of e-mail, instant messaging, or other forms of communication;
and shall not communicate any information concerning the tabulation until the
time for the closing of the polls; provided, however, that supervisory and
technical assistance personnel shall be permitted to enter and leave the area
in which the tabulation is being conducted but shall not communicate any
information concerning the tabulation to anyone other than the county election
superintendent; the staff of the superintendent; those persons conducting,
observing, or monitoring the tabulation; and those persons whose technical
assistance is needed for the tabulation process to operate.
(7) The absentee ballots shall be
tabulated in accordance with the procedures of this chapter for the tabulation
of absentee ballots. As such ballots are tabulated, they shall be placed into
locked ballot boxes and may be transferred to locked ballot bags, if needed,
for security. The persons conducting the tabulation of the absentee ballots
shall not cause the tabulating equipment to produce any count, partial or
otherwise, of the absentee votes cast until the time for the closing of the
polls.
(b) As
soon as practicable after 7:00 A.M. on the day of the primary, election, or
runoff, in precincts other than those in which optical scanning tabulators are
used, a registrar or absentee ballot clerk shall deliver the official absentee
ballot of each certified absentee elector, each rejected absentee ballot,
applications for such ballots, and copies of the numbered lists of certified
and rejected absentee electors to the manager in charge of the absentee ballot
precinct of the county or municipality, which shall be located in the precincts
containing the county courthouse or polling place designated by the municipal
superintendent. In those precincts in which optical scanning tabulators are
used, such absentee ballots shall be taken to the tabulation center or other
place designated by the superintendent, and the official receiving such absentee
ballots shall issue his or her receipt therefor. Except as otherwise provided
in this Code section, in no event shall the counting of the ballots begin
before the polls close.
(c) Except
as otherwise provided in this Code section, after the close of the polls on the
day of the primary, election, or runoff, a manager shall then open the outer
envelope in such manner as not to destroy the oath printed thereon and shall
deposit the inner envelope marked "Official Absentee Ballot" in a
ballot box reserved for absentee ballots. In the event that an outer envelope
is found to contain an absentee ballot that is not in an inner envelope, the
ballot shall be sealed in an inner envelope, initialed and dated by the person
sealing the inner envelope, and deposited in the ballot box and counted in the
same manner as other absentee ballots, provided that such ballot is otherwise
proper. Such manager with two assistant managers, appointed by the
superintendent, with such clerks as the manager deems necessary shall count the
absentee ballots following the procedures prescribed by this chapter for other
ballots, insofar as practicable, and prepare an election return for the county
or municipality showing the results of the absentee ballots cast in such county
or municipality.
(d) All
absentee ballots shall be counted and tabulated in such a manner that returns
may be reported by precinct; and separate returns shall be made for each
precinct in which absentee ballots were cast showing the results by each
precinct in which the electors reside.
(e) If
an absentee elector's right to vote has been challenged for cause, a poll
officer shall write "Challenged," the elector's name, and the alleged
cause of challenge on the outer envelope and shall deposit the ballot in a
secure, sealed ballot box; and it shall be counted as other challenged ballots
are counted. Where direct recording electronic voting systems are used for
absentee balloting and a challenge to an elector's right to vote is made prior
to the time that the elector votes, the elector shall vote on a paper or
optical scanning ballot and such ballot shall be handled as provided in this
subsection. The board of registrars or absentee ballot clerk shall promptly
notify the elector of such challenge.
(f) It
shall be unlawful at any time prior to the close of the polls for any person to
disclose or for any person to receive any information regarding the results of
the tabulation of absentee ballots except as expressly provided by law.
History
Ga.
L. 1924, p. 186, §§ 11, 12, 14; Code 1933, §§ 34-3311, 34-3312, 34-3314; Ga. L.
1955, p. 204, § 5; Code 1933, § 34-1407, enacted by Ga. L. 1964, Ex. Sess., p.
26, § 1; Ga. L. 1969, p. 280, §§ 1, 2; Ga. L. 1974, p. 71, §§ 9-11; Ga. L.
1977, p. 725, § 2; Ga. L. 1978, p. 1004, § 32; Ga. L. 1979, p. 629, § 1; Ga. L.
1982, p. 1512, § 5; Ga. L. 1983, p. 140, § 1; Ga. L. 1990, p. 143, § 6; Ga. L.
1992, p. 1, § 4; Ga. L. 1992, p. 1815, § 4; Ga. L. 1993, p. 118, § 1; Ga. L.
1997, p. 590, § 32; Ga. L. 1997, p. 662, § 2; Ga. L. 1998, p. 145, § 1; Ga. L.
1998, p. 295, § 1; Ga. L. 1998, p. 1231, §§ 16, 39; Ga. L. 1999, p. 29, § 2;
Ga. L. 2001, p. 240, § 34; Ga. L. 2001, p. 269, § 21; Ga. L. 2003, p. 517, §
40; Ga. L. 2005, p. 253, § 54/HB 244; Ga. L. 2006, p. 69, § 1/SB 467; Ga. L.
2007, p. 544, § 4/SB 194; Ga. L. 2008,
p. 261, § 1/SB 456; Ga. L. 2008, p.
448, § 4/SB 387; Ga. L. 2009, p. 300, §
1/HB 86; Ga. L. 2011, p. 590, § 1/HB
143; Ga. L. 2011, p. 683, § 13/SB
82; Ga. L. 2012, p. 995, §§ 27, 28/SB
92; Ga. L. 2019, p. 7, § 32/HB 316.
Annotations
Notes
THE 2019 AMENDMENT,
effective April 2, 2019, added the third through sixth sentences in
subparagraph (a)(1)(C) and added the last sentence in subparagraph
(a)(1)(D).
Case Notes
JUDICIAL DECISIONS
EDITOR'S NOTES. --In
light of the similarity of the statutory provisions, decisions under former
Code Section 21-3-286 are included in the annotations for this Code
section.
FAILURE TO FURNISH
REQUIRED INFORMATION. --Because a candidate for sheriff did not establish
substantial error in the votes cast by the electors, the trial court erred by
finding, pursuant to O.C.G.A. § 21-2-386, the requisite irregularity or
illegality sufficient to change or place in doubt the result of the election; a
voter's failure to furnish required information on an absentee ballot envelope
is a ground for rejection, but does not mandate automatic rejection, of the
ballot. Jones v. Jessup, 279 Ga. 531, 615 S.E.2d 529 (2005).
CITED in Johnson v.
Rheney, 245 Ga. 316, 264 S.E.2d 872 (1980); Walls v. Garrett, 247 Ga. 603, 277
S.E.2d 903 (1981); Bailey v. Vining, 514 F. Supp. 452 (M.D. Ga. 1981).
Research References & Practice Aids
ADMINISTRATIVE RULES AND
REGULATIONS. --
Provisional absentee ballots, Official Compilation of the
Rules and Regulations of the State of Georgia, Georgia Election Code, Absentee
Voting, § 183-1-14-.03.
Reporting
requirements for absentee ballots, Official Compilation of the Rules and Regulations
of the State of Georgia, Georgia Election Code, Absentee Voting, §
183-1-14-.04.
Acceptance of
absentee ballots from military and overseas citizens, Official Compilation of
the Rules and Regulations of the State of Georgia, Georgia Election Code,
Absentee Voting, § 183-1-14-.10.
Mailing and
issuance of ballots, Official Compilation of the Rules and Regulations of the
State of Georgia, Georgia Election Code, Absentee Voting, § 183-1-14-.11.
LAW REVIEWS. --
For survey article on local government law, see 59 Mercer L.
Rev. 285 (2007). For article on the 2019 amendment of this Code section, see 36
Ga. St. U.L. Rev. 81 (2019).
For note on the
2001 amendment to this Code section, see 18 Ga. St. U. L. Rev. 96 (2001).
OPINIONS OF THE ATTORNEY
GENERAL
DUTY TO KEEP BALLOTS
SAFE AND UNOPENED. --The mandatory language of this section forecloses all
discussion of the matter that the board of registrars must keep the envelopes
safe and unopened until after the closing of the polls. 1980 Op. Att'y Gen. No.
80-80.
REGISTRAR'S DUTY
BEFORE CERTIFYING BALLOT. --The registrar must compare each returned absentee
ballot with information on file in the registrar's office before certifying the
ballot. 1974 Op. Att'y Gen. No. 74-54.
FAILURE TO FURNISH
REQUIRED INFORMATION under this section was a ground for rejection. 1974 Op.
Att'y Gen. No. 74-54.
ABSENTEE BALLOTS ARE
COUNTED IN THE WARD OR DISTRICT (NOW PRECINCT), RATHER THAN AT THE COUNTY SEAT.
1948-49 Op. Att'y Gen. p. 207.
WHEN VOTING IS COMPLETE. --Absentee elector
has voted when the elector returns the ballot to the registrar with complete
identifying information required by former Code 1933, §§ 34-1404 and 34-1405
(see now O.C.G.A. § 21-2-384) so that the elector's name is placed upon the
list of certified absentee electors as required by former Code 1933, § 34-1407
(see now O.C.G.A. § 21-2-386). 1974 Op. Att'y Gen. No. 74-133.
INEFFECTIVE ATTEMPTS
AT VOTING BY ABSENTEE BALLOT CANNOT BE COUNTED. --Ballots which are rejected
because of insufficient information on the envelope or ballots received after
the day of the primary or election cannot be considered as a vote. 1974 Op.
Att'y Gen. No. 74-133.
INSPECTION OF
RETURNED ABSENTEE BALLOTS PRIOR TO POLLS CLOSING NOT REQUIRED. --Boards of
registrars are not required to make returned absentee ballots subject to
inspection prior to the closing of the polls. 1990 Op. Att'y Gen. No.
90-31.
VOTES CAST FOR
CANDIDATE WHO WITHDRAWS AFTER ABSENTEE BALLOTS MAILED. --Where a candidate
whose name is on the ballot withdraws before the election, but after absentee
ballots are mailed out, votes on such ballots for the original candidate cannot
be counted for another candidate substituted by the candidate's party. 1972 Op.
Att'y Gen. No. U72-116.
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, §§ 340, 341.
C.J.S. --
29 C.J.S., Elections, §§ 345 et seq., 356.
ALR. --
Challenges to write-in ballots and certification of write-in
candidates, 75 A.L.R.6th 311.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-388
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 10. ABSENTEE VOTING
§ 21-2-388. Cancellation of absentee ballots of electors who
are present in election precinct during primaries and elections
When
an absentee ballot which has been voted shall be returned to and received by
the board of registrars, it shall be deemed to have been voted then and there;
and no other ballot shall be issued to the same elector. If an elector has
requested to vote by absentee ballot and has not received such absentee ballot,
has such ballot in his or her possession, has not yet returned such ballot, or
has returned such ballot but the registrars have not received such ballot, such
elector may have the absentee ballot canceled and vote in person on the day of
the primary, election, or runoff in one of the following ways:
(1) If the elector is in possession of
the ballot, by surrendering the absentee ballot to the poll manager of the
precinct in which the elector's name appears on the electors list and then
being permitted to vote the regular ballot. The poll manager shall mark "Canceled"
and the date and time across the face of the absentee ballot and shall initial
same. The poll manager shall also make appropriate notations beside the name of
the elector on the electors list. All such canceled absentee ballots shall be
returned with other ballots to the superintendent; or
(2) If the elector has not received the
ballot, has not yet returned the ballot, or if the elector has returned the
ballot but the registrars have not received the ballot, by appearing in person
before the managers of the elector's precinct, the registrars, or the absentee
ballot clerk and requesting in writing that the envelope containing the
elector's absentee ballot be marked "Canceled." After having
satisfied themselves as to the identity of such elector and confirming that the
elector's absentee ballot has not yet been received by the board of registrars,
the registrars or the absentee ballot clerk shall grant the request and shall
notify the managers of the elector's precinct as to such action so as to permit
the elector to vote in person in that precinct. If the absentee ballot is in
the mail, has not yet been returned, or its exact location is unknown, the
registrar or the absentee ballot clerk shall write "Canceled" beside
the elector's name on the master list of absentee voters and shall cancel the
ballot itself as soon as it is received. If the location of the requested
absentee ballot is known to the elector and it has not been surrendered to the
poll manager, the elector shall destroy the absentee ballot after casting his
or her vote in person. Canceled absentee ballots shall be disposed of in the
same manner as provided in subsection (a) of Code Section 21-2-386 for absentee
ballots returned too late to be cast.
History
Code
1933, § 34-1409, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1974, p.
71, § 12; Ga. L. 1981, p. 1718, § 9; Ga. L. 1982, p. 1512, § 5; Ga. L. 1994, p.
1406, § 23; Ga. L. 1997, p. 590, § 33; Ga. L. 1998, p. 295, § 1; Ga. L. 2007, p. 544, § 5/SB 194; Ga. L. 2019, p. 7, § 33/HB 316.
Annotations
Notes
THE 2019 AMENDMENT,
effective April 2, 2019, inserted "has not yet returned such ballot,"
in the middle of the second sentence of the introductory language; in paragraph
(2), in the first sentence, inserted ", has not yet returned the
ballot," near the beginning, inserted "the managers of the elector's
precinct," and inserted a comma following "registrars" in the
middle, in the second sentence, inserted "and confirming that the
elector's absentee ballot has not yet been received by the board of registrars"
in the middle, in the third sentence, inserted ", has not yet been
returned," near the middle, and added the fourth sentence.
Research References & Practice Aids
ADMINISTRATIVE RULES AND
REGULATIONS. --
Spoiled absentee ballots, Official Compilation of the Rules
and Regulations of the State of Georgia, Georgia Election Code, Absentee
Voting, § 183-1-14-.06.
Voted absentee
ballots, Official Compilation of the Rules and Regulations of the State of Georgia,
Georgia Election Code, Absentee Voting, § 183-1-14-.09.
LAW REVIEWS. --
For article on the 2019 amendment of this Code section, see
36 Ga. St. U.L. Rev. 81 (2019).
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, §§ 336, 340.
C.J.S. --
29 C.J.S., Elections, § 345 et seq.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-390
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 10. ABSENTEE VOTING
§ 21-2-390. Delivery of election materials to clerk of
superior court or city clerk after primary or election; accounting for ballots
by registrars or municipal absentee ballot clerks
All
official absentee ballots and envelopes on which the forms of affidavits and
jurats appear shall be delivered to the clerk of the superior court or the city
clerk upon the conclusion of the primary or election and shall be safely kept
by him or her for the period required by law and then shall be destroyed. The
applications for such ballots shall be retained by the board of registrars or
the municipal absentee ballot clerk for at least 24 months and then may be
destroyed. On the day following the primary or election, the board of
registrars or the municipal absentee ballot clerk shall transmit all canceled,
spoiled, and rejected absentee ballots and copies of requests for cancellation
of absentee ballots to the clerk of the superior court or the city clerk to be
held with other election materials as provided in Code Section 21-2-500. The
registrars or the municipal absentee ballot clerk shall also transmit an
accounting of all absentee ballots, including the number furnished by the
registrars or the municipal absentee ballot clerk, the number issued to
electors, the number spoiled, and the number rejected.
History
Ga. L. 1924, p. 186, § 10; Code 1933, § 34-3309; Code 1933, § 34-1411, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1974, p. 71, § 13; Ga. L. 1997, p. 590, § 34; Ga. L. 1998, p. 295, § 1; Ga. L. 1999, p. 52, § 13; Ga. L. 2003, p. 517, § 41.
Annotations
Research References & Practice Aids
ADMINISTRATIVE RULES AND REGULATIONS. --
Spoiled ballot definition, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Election Code, Absentee Voting, § 183-1-14-.07.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-389
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 10. ABSENTEE VOTING
§ 21-2-389. Payment of postage for mailing absentee ballots
The
postage required for mailing ballots to absentee electors, as provided for in
this article, shall be paid by the county or municipality, except in cases
where free mail delivery is furnished by the federal government.
History
Code 1933, § 34-1410, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1987, p. 417, § 6; Ga. L. 1998, p. 295, § 1.
Annotations
Research References & Practice Aids
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-400
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 11. PREPARATION FOR AND CONDUCT OF
PRIMARIES AND ELECTIONS > PART 1.
GENERAL PROVISIONS
§ 21-2-400. Duty of superintendent to obtain cards of
instruction, blank forms of oaths, and other forms and supplies; preparation
and distribution of sample or facsimile ballot labels
(a) Prior
to each primary and election, the superintendent shall obtain from the Secretary
of State a sufficient number of cards of instruction for guidance of electors.
Such cards of instruction shall include such portions of this chapter as deemed
necessary by the Secretary of State and shall be printed for the type of voting
equipment or ballots used in the county or municipality. The superintendent
shall also obtain from the Secretary of State a sufficient number of blank
forms of oaths of poll officers, voter's certificates, voting rights posters,
notices of penalties, oaths of assisted electors, numbered list of voters,
tally sheets, return sheets, and such other forms and supplies required by this
chapter, in each precinct of the county or municipality.
(b) As
an aid to electors, sample ballots or ballot labels may be printed and published
in any newspaper generally and regularly circulated within the county or
municipality, so long as the facsimile is labeled "Sample Ballot" and
is at least 25 percent larger or smaller than the official ballot. Reprints of
such newspaper printings may be procured and distributed by any elector.
Election officials may also prepare and distribute sample ballots or ballot
labels or portions thereof, provided they are labeled "Sample Ballot"
and are of a different color and at least 25 percent larger or smaller than the
official ballot or ballot label.
(c) The
superintendent shall prepare sample or facsimile ballots or ballot labels, as
the case may be, for each general election which shall contain each question
and the candidates who are offering for election for each office which will be
voted upon in the county or municipality for distribution upon request to
interested electors. Such sample or facsimile ballots or ballot labels shall
comply with Code Section 21-2-575.
History
Orig.
Code 1863, § 1237; Code 1868, § 1318; Code 1873, § 1291; Code 1882, § 1291; Ga.
L. 1895, p. 23, § 1; Civil Code 1895, § 76; Ga. L. 1900, p. 69, §§ 1, 3; Civil
Code 1910, §§ 86, 87; Ga. L. 1922, p. 97, § 7; Code 1933, §§ 34-1401, 34-1402,
34-1908; Code 1933, § 34-1301, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1;
Ga. L. 1970, p. 347, § 19; Ga. L. 1977, p. 1198, § 1; Ga. L. 1982, p. 1512, §
5; Ga. L. 1998, p. 295, § 1; Ga. L. 2003, p. 517, § 42; Ga. L. 2005, p. 253, § 56/HB 244; Ga. L. 2011, p. 683, § 15/SB 82.
Annotations
Case Notes
JUDICIAL DECISIONS
EDITOR'S NOTES. --In
light of the similarity of the statutory provisions, decisions under former
Code Section 21-3-194 are included in the annotations for this Code
section.
FAILURE OF THE SUPERINTENDENT
TO PREPARE A SAMPLE BALLOT did not void an election since the irregularity was
not sufficient to change or place in doubt the result of the election. Maye v.
Pundt, 267 Ga. 243, 477 S.E.2d 119 (1996) (decided under former § 21-3-194).
CITED in Jenness v.
Fortson, 403 U.S. 431, 91 S. Ct. 1970, 29 L. Ed. 2d 554 (1971).
Research References & Practice Aids
CROSS REFERENCES. --
Penalty for destroying instruction cards, § 21-2-583.
OPINIONS OF THE ATTORNEY
GENERAL
ALL POLLING PLACES
TO BE OPENED. --Where a political party holds a primary in a county, the
polling place in each and every election district (now precinct) must be
opened. 1968 Op. Att'y Gen. No. 68-261.
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, §§ 228, 245.
C.J.S. --
29 C.J.S., Elections, §§ 261, 264, 337, 338.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. TITLE 21 Chapter 2 Article 11
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 11. PREPARATION FOR AND CONDUCT OF PRIMARIES AND ELECTIONS
TITLE 21 Chapter 2 Article 11 NOTE
Annotations
Notes
EDITOR'S NOTES. --
In light of the similarity of the statutory provisions, annotations decided under former Code 1933, Ch. 34-32 are included in the annotations for this article.
EDITOR'S NOTES. --
In light of the similarity of the statutory provisions, opinions decided under former Ga. L. 1960, p. 115, § 1, are included in the annotations for this article.
Case Notes
JUDICIAL DECISIONS
APPLICABILITY OF STATE STATUTES ON PARTY PRIMARY. --Whenever a political party holds a primary in this state, it is by law an integral part of the election machinery. Once a decision to hold a primary is made, state statutes take hold and direct every essential step from registration and qualification of voters to the placing of the names of the nominees on the general election ballot. King v. Chapman, 62 F. Supp. 639 (M.D. Ga. 1945), aff'd, 154 F.2d 460 (5th Cir.), cert. denied, 327 U.S. 800, 66 S. Ct. 905, 90 L. Ed. 1025 (1946) (decided under former Code 1933, Ch. 34-32).
It is still the general law of this state that every such primary election shall be held at the time and place and under the regulations prescribed by the rules of the political party holding the primary, and the return shall be made and the result declared as prescribed by law. Studstill v. Gary, 216 Ga. 268, 116 S.E.2d 213 (1960) (decided under former Code 1933, Ch. 34-32).
OPINIONS OF THE ATTORNEY GENERAL
COUNTY PRIMARY SOLELY FOR NOMINATING HOUSE CANDIDATE LEGAL. --It is legal for a county executive committee to hold a county primary solely for the purpose of nominating a candidate for membership in the House of Representatives, irrespective of the fact that no candidate for county office is to be nominated in the primary. 1962 Op. Att'y Gen. p. 214 (decided under Ga. L. 1960, p. 115, § 1).
Research References & Practice Aids
CROSS REFERENCES. --
Penalties for offenses relating to access of electors to polling places, or marking of ballots, § 21-2-566 et seq.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-401
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 11. PREPARATION FOR AND CONDUCT OF
PRIMARIES AND ELECTIONS > PART 1.
GENERAL PROVISIONS
§ 21-2-401. Delivery of forms and supplies to precincts;
distribution of copy of certified electors list; contents of list;
authentication; return receipts; master list of county or municipal electors;
items to be provided at polling place
(a) The
cards of instruction, return sheets, tally sheets, oaths of poll officers,
affidavits, and other forms and supplies required for use in each precinct,
and, in precincts in which ballots are used, the official ballots prepared for
use therein shall be packed by the superintendent in separate sealed packages
for each precinct, marked on the outside so as to designate clearly the
precincts for which they are intended and, in the case of precincts in which
ballots are used, the number of ballots enclosed. They shall then be delivered
by the superintendent, together with the ballot box which shall bear the
designation of the precinct, to the managers in the several precincts prior to
the hour appointed for opening the polls. In primaries, the parties shall
decide whether to use the same ballot box or to use separate ballot boxes. The
managers of the respective precincts shall, on delivery to them of such
packages, return receipts therefor to the superintendent, who shall keep a
record of the time when and the manner in which the several packages are
delivered. The superintendent may, in the superintendent's discretion, require
the managers of the respective precincts to call at the superintendent's office
to obtain such packages.
(b) The
registrars shall, prior to the hour appointed for opening the polls, place in
the possession of the managers in each precinct one copy of the certified
electors list for such precinct, such list to contain all the information
required by law. The list shall indicate the name of any elector who has been
mailed or delivered an absentee ballot. The list for a given precinct may be
divided into as many alphabetical sections as is deemed necessary. Such list of
electors shall be authenticated by the signatures of at least two of the registrars.
In a municipal primary, where the parties do not agree to have only one set of
managers for a precinct, the electors list shall be delivered to the chief
manager of the political party which polled the highest number of votes in the
precinct in the immediately preceding election of the presiding officer of the
governing authority. In addition, the registrars shall at the same time place
in the possession of the managers in each precinct one copy of the list of
inactive electors for such precinct. The managers of the respective precincts
shall, on delivery to them of such electors lists, return receipts therefor to
the registrars, who shall keep a record of the time when and the manner in
which the electors lists are delivered. The registrars may, in their
discretion, require the managers of the respective precincts to call at their
office to obtain such lists.
(c) The
registrars may, in their discretion, place a master list containing the names
and proper voting precincts of all electors and all inactive electors of the
county or municipality at some or all of the polling places located in the
county or municipality on the day of each election for use by the poll workers
to assist electors in locating their proper precinct.
(d) The
superintendent shall provide at the polling place copies of the sample or
facsimile ballots for such primary or election as well as a list of the
certified write-in candidates for such election in the form as provided by the
Secretary of State or appropriate municipal official pursuant to Code Section
21-2-133.
History
Ga.
L. 1894, p. 115, § 9; Civil Code 1895, § 59; Civil Code 1910, § 67; Ga. L.
1922, p. 97, § 5; Code 1933, §§ 34-701, 34-1906; Ga. L. 1946, p. 75, §§ 2, 3;
Ga. L. 1949, p. 1204, § 38; Ga. L. 1958, p. 269, § 32; Code 1933, § 34-1303,
enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1969, p. 308, §§ 1, 2;
Ga. L. 1970, p. 347, § 22; Ga. L. 1982, p. 1512, § 5; Ga. L. 1987, p. 417, § 7;
Ga. L. 1994, p. 1443, § 5; Ga. L. 1998, p. 295, § 1; Ga. L. 2011, p. 683, § 16/SB 82.
Annotations
Case Notes
JUDICIAL DECISIONS
CITED in Jenness v.
Fortson, 403 U.S. 431, 91 S. Ct. 1970, 29 L. Ed. 2d 554 (1971).
Research References & Practice Aids
CROSS REFERENCES. --
Penalty for destruction of supplies furnished in order to
enable electors to vote at polling places, § 21-2-583.
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, § 307.
C.J.S. --
29 C.J.S., Elections, §§ 75, 326, 328.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-403
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 11. PREPARATION FOR AND CONDUCT OF PRIMARIES AND ELECTIONS > PART 1. GENERAL PROVISIONS
§ 21-2-403. Time for opening and closing of polls
At
all primaries and elections the polls shall be opened at 7:00 A.M. eastern
standard time or eastern daylight time, whichever is applicable, and shall
remain open continuously until 7:00 P.M. eastern standard time or eastern
daylight time, whichever is applicable, at which time they shall be closed;
provided, however, that, in all cities having a population of 300,000 or more
according to the United States decennial census of 1970 or any future such
census, the polls shall remain open continuously until 8:00 P.M. eastern
standard time or eastern daylight time, whichever is applicable, during the
cities' general elections, at which time they shall be closed and provided,
further, that, in a special election held to fill a vacancy in an office in
which the district represented by such office lies wholly within the boundaries
of a city, the polls shall close at the same time as for a municipal general
election in such city.
History
Ga. L. 1865-66, p. 24, § 1; Code 1868, § 1313; Code 1873, § 1286; Code 1882, § 1286; Civil Code 1895, § 70; Ga. L. 1898, p. 93, § 1; Civil Code 1910, § 80; Code 1933, § 34-1302; Ga. L. 1941, p. 321, § 1; Ga. L. 1943, p. 480, § 1; Code 1933, § 34-1304, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1998, p. 295, § 1; Ga. L. 2001, Ex. Sess., p. 311, § 1.
Annotations
Research References & Practice Aids
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, §§ 289, 290, 291, 301, 304 et seq.
C.J.S. --
29 C.J.S., Elections, § 330.
ALR. --
Violation of law as regards time for keeping polls open as affecting election results, 66 A.L.R. 1159.
Validity of public election as affected by fact that it was held at time other than that fixed by law, 121 A.L.R. 987.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-402
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 11. PREPARATION FOR AND CONDUCT OF
PRIMARIES AND ELECTIONS > PART 1.
GENERAL PROVISIONS
§ 21-2-402. Preparation of voter's certificates by Secretary
of State; form of certificates; binders for certificates; other voter's
certificates
(a) At
each primary and election, the Secretary of State shall prepare and furnish to
each superintendent a suitable number of voter's certificates which shall be in
substantially the following form:
VOTER'S
CERTIFICATE
I hereby certify that I am qualified to
vote at the (primary or election)
held on , that I have not and will not vote
elsewhere in this (primary
or election) in my own name or in any other
name, and that I am a citizen of
the United States and am not currently
serving a sentence for a felony
conviction. I understand that making a false
statement on this certificate is
a felony under Code Section 21-2-562.
Signature
Current residence address of elector:
Elector's date of birth:
Name or initials of poll officer receiving
voter's certificate:
In case of physical disability or
illiteracy, fill out the following:
Reason for assistance (Check appropriate
square):
( ) Elector is unable to read the English
language.
( ) Elector requires assistance due to
physical disability.
Signature
of poll officer
Number of stub of ballot or number of
admission to voting machine:
(b) The
voter's certificates shall be so prepared as to be capable of being inserted by
the poll officers in a suitable binder for each primary or election. The binder
shall have written thereon the words "Voter's Certificates" and shall
have a space for filling in the designation of the precinct and the date of the
primary or election.
(c) The
election superintendent may obtain or may create and provide other voter's
certificates, provided that such other voter's certificates are in the form
required under this Code section and are approved by the Secretary of State.
History
Code
1933, § 34-1302, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1970, p.
347, §§ 20, 21; Ga. L. 1977, p. 313, § 1; Ga. L. 1978, p. 1004, § 23; Ga. L.
1982, p. 3, § 21; Ga. L. 1982, p. 1512, § 5; Ga. L. 1987, p. 1360, § 16; Ga. L.
1993, p. 118, § 1; Ga. L. 1994, p. 1406, § 24; Ga. L. 1996, p. 145, § 17; Ga.
L. 1998, p. 295, § 1; Ga. L. 2001, p. 240, § 35; Ga. L. 2006, p. 888, § 5/HB 1435.
Annotations
Case Notes
JUDICIAL DECISIONS
CITED in Jenness v.
Fortson, 403 U.S. 431, 91 S. Ct. 1970, 29 L. Ed. 2d 554 (1971).
Research References & Practice Aids
C.J.S. --
29 C.J.S., Elections, §§ 65, 70, 73.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-409.1
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 11. PREPARATION FOR AND CONDUCT OF PRIMARIES AND ELECTIONS > PART 1. GENERAL PROVISIONS
§ 21-2-409.1. Voting by electors who are 75 years of age or
older or disabled electors without having to wait in line
On
election day between the hours of 9:30 A.M. and 4:30 P.M., each elector who is
75 years of age or older or who is disabled and requires assistance in voting
as authorized by Code Section 21-2-409, shall, upon request to a poll officer,
be authorized at any primary or election to vote immediately at the next
available voting compartment or booth without having to wait in line. Notice of
the provisions of this Code section shall be prominently displayed in the
voting place.
History
Code 1981, § 21-2-409.1, enacted by Ga. L. 1989, p. 1084, § 2; Ga. L. 1995, p. 1302, § 14; Ga. L. 1998, p. 295, § 1.
Annotations
Research References & Practice Aids
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-406
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 11. PREPARATION FOR AND CONDUCT OF PRIMARIES AND ELECTIONS > PART 1. GENERAL PROVISIONS
§ 21-2-406. Public performance of duties by officials
Superintendents,
poll officers, and other officials engaged in the conducting of primaries and
elections held under this chapter shall perform their duties in public.
History
Ga. L. 1894, p. 115, § 16; Civil Code 1895, § 65; Civil Code 1910, § 75; Code 1933, § 34-1102; Code 1933, § 34-1309, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1969, p. 308, § 6; Ga. L. 1998, p. 295, § 1.
Annotations
Research References & Practice Aids
OPINIONS OF THE ATTORNEY GENERAL
INSPECTION OF RETURNED ABSENTEE BALLOTS PRIOR TO POLLS CLOSING NOT REQUIRED. --Boards of registrars are not required to make returned absentee ballots subject to inspection prior to the closing of polls. 1990 Op. Att'y Gen. No. 90-31.
AM. JUR. 2D. --
25 Am. Jur. 2d, Elections, § 90 et seq.
C.J.S. --
29 C.J.S., Elections, § 324.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-408
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 11. PREPARATION FOR AND CONDUCT OF
PRIMARIES AND ELECTIONS > PART 1.
GENERAL PROVISIONS
§ 21-2-408. Poll watchers; designation; duties; removal for
interference with election; reports by poll watchers of infractions or
irregularities; ineligibility of candidates to serve as poll watchers
(a)
(1) In
a primary or run-off primary, each candidate entitled to have his or her name
placed on the primary or run-off primary ballot may submit the name of one poll
watcher for each precinct in which he or she wishes to have an observer to the
chairperson or secretary of the appropriate party executive committee at least
21 days prior to such primary or 14 days prior to such run-off primary. The
appropriate party executive committee shall designate at least seven days prior
to such primary or run-off primary no more than two poll watchers for each
precinct, such poll watchers to be selected by the committee from the list
submitted by party candidates. Official poll watchers shall be given a letter
signed by the party chairperson and secretary, if designated by a political
party, containing the following information: name of official poll watcher,
address, precinct in which he or she shall serve, and name and date of primary
or run-off primary. At least three days prior to the primary, a copy of the
letter shall be delivered to the superintendent of the county or municipality
in which the poll watcher is to serve.
(2) In
a primary or run-off primary, each candidate entitled to have his or her name
placed on the primary or run-off primary ballot may submit the name of one poll
watcher for each location at which advance voting is conducted pursuant to
subsection (b) of Code Section 21-2-380 in which he or she wishes to have an
observer to the chairperson or secretary of the appropriate party executive
committee at least 21 days prior to the beginning of the advance voting period
for a primary or 14 days prior to such period in a run-off primary. The
appropriate party executive committee shall designate at least seven days prior
to such advance voting period for a primary or run-off primary no more than two
poll watchers for each advance voting location, such poll watchers to be
selected by the committee from the list submitted by party candidates. Official
poll watchers shall be given a letter signed by the party chairperson and
secretary, if designated by a political party, containing the following
information: name of official poll watcher, address, precinct in which he or
she shall serve, and name and date of primary or run-off primary. At least
three days prior to the beginning of the advance voting period, a copy of the
letter shall be delivered to the superintendent and the chief registrar of the
county or municipality in which the poll watcher is to serve.
(b)
(1) In
an election or run-off election, each political party and political body shall
each be entitled to designate, at least seven days prior to such election or
run-off election, no more than two official poll watchers in each precinct to
be selected by the appropriate party or body executive committee. Each
independent candidate shall be entitled to designate one poll watcher in each
precinct. In addition, candidates running in a nonpartisan election shall be
entitled to designate one poll watcher in each precinct. Each poll watcher
shall be given a letter signed by the appropriate political party or body
chairperson and secretary, if a party or body designates same, or by the
independent or nonpartisan candidate, if named by the independent or
nonpartisan candidate. Such letter shall contain the following information:
name of official poll watcher, address, precinct in which he or she shall
serve, and date of election or run-off election. At least three days prior to
the election, a copy of the letter shall be delivered to the superintendent of
the county or municipality in which the poll watcher is to serve.
(2) In
an election or run-off election, each political party and political body, which
body is registered pursuant to Code Section 21-2-110 and has nominated a
candidate for state-wide office, shall additionally be entitled to designate,
at least 14 days prior to such election or run-off election, no more than 25
official state-wide poll watchers to be selected by the appropriate party or
body executive committee. Each independent candidate shall also be entitled to
designate no more than 25 official state-wide poll watchers. In addition,
candidates running in a state-wide nonpartisan election shall be entitled to
designate no more than 25 official state-wide poll watchers. All such designations
of state-wide poll watchers shall be in writing and made and submitted to the
State Election Board. A state-wide poll watcher shall have the same powers and
duties as poll watchers and shall be entitled to watch the polls in any
precinct in the state but shall otherwise be subject to all limitations and
prohibitions placed on poll watchers; provided, however, that no more than two
state-wide poll watchers of a political party or body, of an independent
candidate, or of a nonpartisan candidate shall be in the same polling place
simultaneously. Each state-wide poll watcher shall be given a letter signed by
the chairperson of the State Election Board. Such letter shall contain the
following information: name of official state-wide poll watcher, address, a statement
that such poll watcher is a state-wide poll watcher, and date of election or
run-off election. At least three days prior to the election, a copy of the
letter shall be delivered to the superintendent of each county in which the
poll watcher might serve.
(3) (A)
In an election or run-off election, each political party and political body
shall each be entitled to designate, at least seven days prior to the beginning
of the advance voting period for such election or run-off election, no more
than two official poll watchers for each location at which advance voting is
conducted pursuant to subsection (b) of Code Section 21-2-380 to be selected by
the appropriate party or body executive committee. Each independent candidate
shall be entitled to designate one poll watcher for each location at which
advance voting is conducted pursuant to subsection (b) of Code Section
21-2-380. In addition, candidates running in a nonpartisan election shall be
entitled to designate one poll watcher for each location at which advance
voting is conducted pursuant to subsection (b) of Code Section 21-2-380. Each
poll watcher shall be given a letter signed by the appropriate political party
or body chairperson and secretary, if a party or body designates same, or by
the independent or nonpartisan candidate, if named by the independent or
nonpartisan candidate. Such letter shall contain the following information:
name of official poll watcher, address, precinct in which he or she shall
serve, and date of election or run-off election. At least three days prior to
the beginning of the advance voting period for such election, a copy of the
letter shall be delivered to the superintendent and the chief registrar of the
county or municipality in which the poll watcher is to serve.
(B) In an election or run-off election,
each political party and political body, which body is registered pursuant to
Code Section 21-2-110 and has nominated a candidate for state-wide office,
shall additionally be entitled to designate, at least 14 days prior to the
beginning of the advance voting period for such election or run-off election,
no more than 25 official state-wide poll watchers for such advance voting
period to be selected by the appropriate party or body executive committee.
Each independent candidate shall also be entitled to designate no more than 25
official state-wide poll watchers for such advance voting period. In addition,
candidates running in a state-wide nonpartisan election shall be entitled to
designate no more than 25 official state-wide poll watchers for such advance
voting period. All such designations of state-wide poll watchers shall be in
writing and made and submitted to the State Election Board. A state-wide poll
watcher shall have the same powers and duties as poll watchers and shall be
entitled to watch any advance voting location in the state but shall otherwise
be subject to all limitations and prohibitions placed on poll watchers;
provided, however, that no more than two state-wide poll watchers of a
political party or body, of an independent candidate, or of a nonpartisan
candidate shall be in an advance voting location simultaneously. Each
state-wide poll watcher shall be given a letter signed by the chairperson of
the State Election Board. Such letter shall contain the following information:
name of official state-wide poll watcher, address, a statement that such poll
watcher is a state-wide poll watcher for advance voting, and date of election
or run-off election. At least three days prior to the beginning of the advance
voting period for such election, a copy of the letter shall be delivered to the
superintendent and chief registrar of each county in which the poll watcher
might serve.
(c) In
counties or municipalities using direct recording electronic (DRE) voting
systems or optical scanning voting systems, each political party may appoint
two poll watchers in each primary or election, each political body may appoint
two poll watchers in each election, each nonpartisan candidate may appoint one
poll watcher in each nonpartisan election, and each independent candidate may
appoint one poll watcher in each election to serve in the locations designated
by the superintendent within the tabulating center. Such designated locations
shall include the check-in area, the computer room, the duplication area, and
such other areas as the superintendent may deem necessary to the assurance of
fair and honest procedures in the tabulating center. The poll watchers provided
for in this subsection shall be appointed and serve in the same manner as other
poll watchers.
(d) Notwithstanding
any other provisions of this chapter, a poll watcher may be permitted behind
the enclosed space for the purpose of observing the conduct of the election and
the counting and recording of votes. Such poll watcher shall in no way
interfere with the conduct of the election, and the poll manager may make
reasonable regulations to avoid such interference. Without in any way limiting
the authority of poll managers, poll watchers are prohibited from talking to
voters, checking electors lists, using photographic or other electronic
monitoring or recording devices, using cellular telephones, or participating in
any form of campaigning while they are behind the enclosed space. If a poll
watcher persists in interfering with the conduct of the election or in
violating any of the provisions of this Code section after being duly warned by
the poll manager or superintendent, he or she may be removed by such official.
Any infraction or irregularities observed by poll watchers shall be reported
directly to the superintendent, not to the poll manager. The superintendent
shall furnish a badge to each poll watcher bearing the words "Official
Poll Watcher," the name of the poll watcher, the primary or election in
which the poll watcher shall serve, and either the precinct or tabulating
center in which the poll watcher shall serve or a statement that such poll
watcher is a state-wide poll watcher. The poll watcher shall wear such badge at
all times while serving as a poll watcher.
(e) No
person shall be appointed or be eligible to serve as a poll watcher in any
primary or election in which such person is a candidate.
History
Code
1933, § 34-1310, enacted by Ga. L. 1969, p. 308, § 8; Ga. L. 1977, p. 1053, §
8; Ga. L. 1978, p. 1004, § 35; Ga. L. 1979, p. 955, § 6; Ga. L. 1981, p. 1718,
§ 5; Ga. L. 1982, p. 1512, § 5; Ga. L. 1995, p. 1027, § 10; Ga. L. 1997, p.
590, § 35; Ga. L. 1998, p. 295, § 1; Ga. L. 1998, p. 1231, §§ 17, 40; Ga. L.
1999, p. 52, § 14; Ga. L. 2001, p. 240, § 37; Ga. L. 2001, p. 269, § 22; Ga. L.
2003, p. 517, § 44; Ga. L. 2005, p.
253, § 57/HB 244.
Annotations
Notes
EDITOR'S NOTES. --
In light of the similarity of the statutory provisions,
opinions under former Code 1933, § 34A-1209 are included in the annotations for
this Code section.
Case Notes
JUDICIAL DECISIONS
COUNTY SCHOOL BOARD
REFERENDUM IS A "PRIMARY" OR AN "ELECTION," so that members
of the public are barred from campaigning, or checking voters' lists within 250
feet of the polls. Stiles v. Earnest, 252 Ga. 260, 312 S.E.2d 337 (1984).
INVALIDATION OF
ELECTION RESULTS NOT WARRANTED. --Evidence that the winning candidate's poll
watcher improperly viewed the official list of persons who voted did not place
the result of the election in doubt, and thus, did not warrant invalidating the
election results. Hunt v. Crawford, 270 Ga. 7, 507 S.E.2d 723 (1998).
Research References & Practice Aids
ADMINISTRATIVE RULES AND
REGULATIONS. --
Preparation for and conduct of primaries and elections,
Official Compilation of the Rules and Regulations of the State of Georgia,
Georgia Election Code, Subject 183-1-13.
LAW REVIEWS. --
For note on the 2001 amendment of this Code section, see 18
Ga. St. U. L. Rev. 96 (2001).
OPINIONS OF THE ATTORNEY
GENERAL
FORMER CODE 1933, §
34-1310 (SEE NOW O.C.G.A. § 21-2-408) WAS NOT IN CONFLICT WITH FORMER CODE
1933, § 34-1008 (SEE NOW O.C.G.A. § 21-2-152), since that section provided for
primaries to be conducted like general elections "insofar as
practicable," thus allowing for those instances where the general election
and primary procedures must differ. 1970 Op. Att'y Gen. No. U70-100.
SCOPE OF AREA AND
ACTIVITY OPEN TO CAMPAIGN WORKER DURING ELECTION. --Except where there are no
attempts at electioneering, it is legal for a candidate or a candidate's
campaign worker to be present in the polling place, but outside the enclosed
area during an election or to be present outside the polling place, but within
the 250-foot limit, but it is illegal to engage in noncommunicative but
otherwise campaign related activity, specifically, observing voters and
checking a voters list, outside the polling place but within the 250-foot
limit. 1982 Op. Att'y Gen. No. 82-30.
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, § 308.
C.J.S. --
29 C.J.S., Elections, §§ 332, 333.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-407
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 11. PREPARATION FOR AND CONDUCT OF PRIMARIES AND ELECTIONS > PART 1. GENERAL PROVISIONS
§ 21-2-407. Duty of registrars to review qualifications of
electors who may have been erroneously omitted from list of electors; authority
to place such electors on the list
The
registrars shall meet at their main office during each primary or election for
the purpose of considering the qualification of electors whose names may have
been omitted by inadvertence or mistake from the list of electors. The
registrars shall be authorized to place the names of such electors on the
registration list or make other corrections to the list as necessary.
History
Ga. L. 1943, p. 353, § 3; Ga. L. 1949, p. 1204, § 52; Ga. L. 1958, p. 269, § 42; Code 1933, § 34-1305, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1998, p. 295, § 1; Ga. L. 2001, p. 240, § 36.
Annotations
Case Notes
JUDICIAL DECISIONS
CITED in Collins v. Collins, 129 Ga. App. 372, 199 S.E.2d 626 (1973).
Research References & Practice Aids
AM. JUR. 2D. --
25 Am. Jur. 2d, Elections, § 179.
C.J.S. --
29 C.J.S., Elections, § 76 et seq.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-404
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 11. PREPARATION FOR AND CONDUCT OF PRIMARIES AND ELECTIONS > PART 1. GENERAL PROVISIONS
§ 21-2-404. Affording employees time off to vote
Each
employee in this state shall, upon reasonable notice to his or her employer, be
permitted by his or her employer to take any necessary time off from his or her
employment to vote in any municipal, county, state, or federal political party
primary or election for which such employee is qualified and registered to vote
on the day on which such primary or election is held; provided, however, that
such necessary time off shall not exceed two hours; and provided, further,
that, if the hours of work of such employee commence at least two hours after
the opening of the polls or end at least two hours prior to the closing of the
polls, then the time off for voting as provided for in this Code section shall
not be available. The employer may specify the hours during which the employee
may absent himself or herself as provided in this Code section.
History
Ga. L. 1964, p. 253, § 1; Ga. L. 1985, p. 206, § 1; Ga. L. 1986, p. 32, § 1; Ga. L. 1987, p. 34, § 1; Ga. L. 1998, p. 295, § 1.
Annotations
Research References & Practice Aids
CROSS REFERENCES. --
Allowing of excused absences to students to enable them to register or vote, § 20-2-292.
ADMINISTRATIVE RULES AND REGULATIONS. --
Rules of the State Personnel Board, Official Compilation of the Rules and Regulations of the State of Georgia, State Personnel Board, Chapter 478-1.
C.J.S. --
51 C.J.S., Labor Relations, § 17.
ALR. --
Constitutionality of statute relating to absence of employee in private employment, 28 A.L.R. 616.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-409
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 11. PREPARATION FOR AND CONDUCT OF
PRIMARIES AND ELECTIONS > PART 1.
GENERAL PROVISIONS
§ 21-2-409. Assisting electors who cannot read English or
who have disabilities
(a) No
elector shall receive any assistance in voting at any primary or election
unless he or she is unable to read the English language or he or she has a
disability which renders him or her unable to see or mark the ballot or operate
the voting equipment or to enter the voting compartment or booth without
assistance. A person assisting an elector shall identify himself or herself to
a poll worker who shall record such information on the disabled elector's voter
certificate showing that such person provided assistance in voting to such
elector.
(b) Any
elector who is entitled to receive assistance in voting under this Code section
shall be permitted by the managers to select any person of the elector's choice
except such elector's employer or agent of that employer or officer or agent of
such elector's union to enter the voting compartment or booth with him or her
to assist in voting, such assistance to be rendered inside the voting
compartment or booth. No person whose name appears on the ballot as a candidate
at a particular election nor the mother, father, grandparent, aunt, uncle,
sister, brother, spouse, son, daughter, niece, nephew, grandchild, son-in-law,
daughter-in-law, mother-in-law, father-in-law, brother-in-law, or sister-in-law
of that candidate shall offer assistance during that particular election under
the provisions of this Code section to any voter who is not related to such
candidate. For the purposes of this subsection, "related to such
candidate" shall mean the candidate's mother, father, grandparent, aunt,
uncle, sister, brother, spouse, son, daughter, niece, nephew, grandchild,
son-in-law, daughter-in-law, mother-in-law, father-in-law, brother-in-law, or
sister-in-law. Notice of the availability of such assistance shall be
prominently posted at each polling place.
History
Ga.
L. 1922, p. 97, § 4; Code 1933, § 34-1905; Code 1933, § 34-1317, enacted by Ga.
L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1966, p. 185, § 1; Ga. L. 1968, p. 871,
§ 13; Ga. L. 1969, p. 285, § 4; Code 1933, § 34-1312, as redesignated by Ga. L.
1969, p. 308, § 18; Ga. L. 1981, p. 1718, § 6; Ga. L. 1982, p. 1512, § 5; Ga.
L. 1983, p. 140, § 1; Ga. L. 1989, p. 911, § 1; Ga. L. 1990, p. 53, § 1; Ga. L.
1996, p. 145, § 18; Ga. L. 1998, p. 295, § 1; Ga. L. 2001, p. 240, § 38; Ga. L.
2003, p. 517, § 45; Ga. L. 2004, p. 103, § 1;
Ga. L. 2006, p. 888, § 6/HB 1435;
Ga. L. 2008, p. 781, § 11/HB 1112;
Ga. L. 2019, p. 7, § 34/HB 316.
Annotations
Notes
THE 2019 AMENDMENT,
effective April 2, 2019, rewrote subsection (b).
EDITOR'S NOTES. --
In light of the similarity of the statutory provisions,
opinions under former Code 1933, § 34-1903 are included in the annotations for
this Code section.
Commentary
CODE COMMISSION NOTES. --
Pursuant to Code Section 28-9-5, in 2019,
"subsection" was substituted for "paragraph" near the
beginning of the last sentence of subsection (b).
LAW REVIEWS. --
For article on the 2019 amendment of this Code section, see
36 Ga. St. U.L. Rev. 81 (2019).
Case Notes
JUDICIAL DECISIONS
FAILURE TO GIVE
REQUIRED OATHS TO VOTERS RECEIVING ASSISTANCE along with other irregularities
were sufficient to cast doubt on the results of an election. McCranie v.
Mullis, 267 Ga. 416, 478 S.E.2d 377 (1996).
INVESTIGATION INTO
WHETHER VOTER ACTIVIST WAS A CONVICTED FELON DID NOT SUPPORT CIVIL CLAIM.
--Evidence that an elections official and a sheriff discussed and questioned a
political activist about rumors that the activist was a convicted felon did not
support a Fourteenth Amendment claim for purposes of 42 U.S.C. § 1983 or 42
U.S.C. § 1985(3) since the activist failed to provide evidence of malicious
intent or conduct that shocked the conscience, the activist failed to establish
a constitutional violation, a necessary element of a claim under 42 U.S.C. §
1983 or 42 U.S.C. § 1985(3). Moore v. Nelson, 394 F. Supp. 2d 1365 (M.D. Ga.
2005).
INVALIDATION OF
ELECTION REVERSED ON APPEAL. --Trial court erred by invalidating an election
for sheriff and ordering a new election because the evidence of systemic misconduct
for vote buying and alleged wrongful distribution of absentee ballots was
speculative and insufficient to support the trial court's conclusion that
irregularities cause doubt on the results. Meade v. Williamson, 293 Ga. 142,
745 S.E.2d 279 (2013).
Research References & Practice Aids
OPINIONS OF THE ATTORNEY
GENERAL
RESTRICTIONS
UNENFORCEABLE IN PRESIDENTIAL PREFERENCE PRIMARY. --The restrictions contained
in O.C.G.A. § 21-2-409, limiting the class of persons permitted to assist
disabled or illiterate electors at the polls, and the restrictions contained in
O.C.G.A. § 21-2-385, limiting the class of persons permitted to assist disabled
or illiterate electors voting by absentee ballot, cannot be enforced in the
presidential preference primary nor can the limitations contained in these Code
sections concerning the number of persons one individual may assist be
enforced. 1984 Op. Att'y Gen. No. 84-15.
NO POLL OFFICER MAY
PROVIDE VOTING ASSISTANCE TO AN ELECTOR. 1965-66 Op. Att'y Gen. No.
66-182.
VOTER'S
DETERMINATION AS TO NEED OF ASSISTANCE. --Whether a particular person would
qualify under former Code 1933, § 34-1903 (see now O.C.G.A. § 21-2-586) was a
question which addressed itself to the voter, inasmuch as the voter must state
under oath that the voter needs assistance. 1958-59 Op. Att'y Gen. p. 148 (decided
under former Code 1933, § 34-1903).
VOTER MAY BE
ADMINISTERED THE OATH BY ANY OF THE MANAGERS or by a notary public or other
officer qualified to administer oaths. 1948-49 Op. Att'y Gen. p. 204.
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, § 313 et seq.
C.J.S. --
29 C.J.S., Elections, §§ 334, 342, 343.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-405
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 11. PREPARATION FOR AND CONDUCT OF
PRIMARIES AND ELECTIONS > PART 1.
GENERAL PROVISIONS
§ 21-2-405. Meeting of poll officers at place of primary or
election; oaths; failure of poll officer to appear; custodians of voting
materials; temporary absence or disability; poll workers working less than
entire day
(a) The
chief manager and two assistant managers shall meet in the respective places
appointed for holding the primary or election in each precinct at least one
hour before the hour for opening the polls on the day of each primary or
election. The other required poll officers shall meet in the respective places
appointed for holding the primary or election in each precinct at least 30
minutes before the hour for opening the polls on the day of each primary or
election. Before entering upon their duties at any primary or election, all
poll officers shall take and subscribe in duplicate to the oaths required by
this chapter.
(b) If
any chief manager shall not appear at the polling place by 7:00 A.M. on the day
of any primary or election, the assistant managers shall appoint a chief
manager who is qualified under this chapter. If any assistant manager shall not
appear at such hour, the chief manager shall appoint an assistant manager who
is qualified under this chapter. If, for any reason, any vacancy in the office
of manager shall not have been filled by 7:30 A.M., the electors of the
precinct, present at such time, shall elect a qualified person to fill such
vacancy. If any clerk shall not appear by 7:00 A.M., the chief manager shall
fill such vacancy by appointing a qualified person therefor. Any person thus
appointed or elected to fill a vacancy shall take and subscribe in duplicate to
the appropriate oath required by this chapter.
(c) After
the poll officers of a precinct have been organized, the chief manager shall
designate one of the assistant managers to have custody of the electors list.
In precincts in which ballots are used, the other assistant manager shall have
charge of the receipt and deposit of ballots in the ballot box, the chief
manager or one of the clerks shall issue the ballots to electors after they are
found entitled to vote, and the other clerk shall have custody of the voter's
certificate binder and shall place the voter's certificates therein as they are
received and approved. In precincts in which voting machines are used, the
other assistant manager or clerk shall have custody of the voter's certificate
binder and shall place the voter's certificates therein as they are received
and approved, and the chief manager shall have special charge of the operation
of the voting machine; provided, however, that the chief manager may make other
arrangements for the division of the duties imposed by this chapter, so long as
each poll officer is assigned some specific duty to perform. In municipal
primaries being held with separate precinct managers, the chief managers
appointed by each party shall jointly appoint the person or persons to be in
charge of the electors list. In all precincts, the chief manager shall assign
an assistant manager or a clerk to keep a numbered list of voters, in
sufficient counterparts, during the progress of the voting.
(d) Any
poll officer may be assigned by the chief manager to assist another officer in
the performance of his or her duties or to perform them for him during his or
her temporary absence or disability.
(e) Nothing
in this Code section shall prohibit a county or municipality from offering poll
officers, other than the chief manager and assistant managers, the option of
working part of an election day, rather than the entire day from the opening of
the polls to the closing of the polls and completion of the required duties
following the closing of the polls. In such cases, any poll officer who begins
a shift of work after the opening of the polls shall take and subscribe the
same oath as required of poll officers in subsection (a) of this Code section
and shall handle such duties as assigned by the chief manager.
History
Orig.
Code 1863, §§ 1228, 1233; Code 1868, §§ 1309, 1314; Code 1873, §§ 1282, 1287;
Ga. L. 1880-81, p. 151, § 1; Code 1882, §§ 1282, 1287; Civil Code 1895, §§ 66,
71; Civil Code 1910, §§ 76, 81; Code 1933, § 34-1201; Code 1933, § 34-1308,
enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1969, p. 308, § 5; Ga. L.
1970, p. 347, § 23; Ga. L. 1982, p. 1512, § 5; Ga. L. 1983, p. 140, § 1; Ga. L.
1998, p. 295, § 1; Ga. L. 2003, p. 517, § 43.
Annotations
Case Notes
JUDICIAL DECISIONS
CITED in Jenness v.
Fortson, 403 U.S. 431, 91 S. Ct. 1970, 29 L. Ed. 2d 554 (1971).
Research References & Practice Aids
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, § 308.
C.J.S. --
29 C.J.S., Elections, §§ 324, 330.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-416
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 11. PREPARATION FOR AND CONDUCT OF PRIMARIES AND ELECTIONS > PART 1. GENERAL PROVISIONS
§ 21-2-416. Methods of casting ballots in elections
utilizing paper ballots or vote recorders
Reserved.
Repealed by Ga. L. 1994, p. 279, § 7, effective July 1, 1994.
Annotations
Notes
EDITOR'S NOTES. --
This Code section was based on Code 1933, § 34-1333, enacted by Ga. L. 1968, p. 850, § 1; Code 1933, § 34-1314.2, as redesignated by Ga. L. 1969, § 37.
Research References & Practice Aids
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-411
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 11. PREPARATION FOR AND CONDUCT OF PRIMARIES AND ELECTIONS > PART 1. GENERAL PROVISIONS
§ 21-2-411. Return of checked list of electors and voter's
certificates to superintendent; disposition of list and certificates by
registrars
The
chief manager in each precinct shall return a checked list of electors,
reflecting those who voted, and the voter's certificates to the superintendent,
to be deposited with the registrars. The board of registrars shall keep such
voter's certificates for at least 24 months and such electors lists for at least
five years.
History
Ga. L. 1894, p. 115, § 10; Civil Code 1895, § 62; Civil Code 1910, § 72; Code 1933, § 34-901; Code 1933, § 34-1330, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Code 1933, § 34-1314.1, as redesignated by Ga. L. 1969, p. 308, § 34; Ga. L. 1978, p. 1004, § 26; Ga. L. 1982, p. 1512, § 5; Ga. L. 1998, p. 295, § 1; Ga. L. 1999, p. 52, § 15; Ga. L. 2001, p. 240, § 39; Ga. L. 2012, p. 995, § 29/SB 92.
Annotations
Research References & Practice Aids
C.J.S. --
29 C.J.S., Elections, § 75.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-415
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 11. PREPARATION FOR AND CONDUCT OF PRIMARIES AND ELECTIONS > PART 1. GENERAL PROVISIONS
§ 21-2-415. Requirements as to identification of campaign
literature; unauthorized use of another's name in connection with campaign
material; penalty
Reserved.
Repealed by Ga. L. 2008, p. 781, §
12/HB 1112, effective July 1, 2008.
Annotations
Notes
EDITOR'S NOTES. --
This Code section was based on Code 1933, § 34-1307A, enacted by Ga. L. 1968, p. 828, § 1; Ga. L. 1978, p. 1039, § 2; Ga. L. 1985, p. 1328, § 1; Ga. L. 1986, p. 32, § 1; Ga. L. 1998, p. 295, § 1.
Research References & Practice Aids
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-414
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 11. PREPARATION FOR AND CONDUCT OF
PRIMARIES AND ELECTIONS > PART 1.
GENERAL PROVISIONS
§ 21-2-414. Restrictions on campaign activities and public
opinion polling within the vicinity of a polling place; cellular phone use
prohibited; prohibition of candidates from entering certain polling places;
penalty
(a) No
person shall solicit votes in any manner or by any means or method, nor shall
any person distribute or display any campaign material, nor shall any person
solicit signatures for any petition, nor shall any person, other than election
officials discharging their duties, establish or set up any tables or booths on
any day in which ballots are being cast:
(1) Within
150 feet of the outer edge of any building within which a polling place is
established;
(2) Within
any polling place; or
(3) Within
25 feet of any voter standing in line to vote at any polling place.
These restrictions shall not apply to conduct
occurring in private offices or areas which cannot be seen or heard by such
electors.
(b) Rooms
under the control or supervision of the board of registrars or absentee ballot
clerk in which absentee ballots are being cast shall be considered polling
places.
(c)
(1) No
person shall conduct any exit poll or public opinion poll with voters within 25
feet of the exit of any building in which a polling place is established on any
day in which ballots are being cast.
(2) Except
for credentialed poll watchers, poll workers, and law enforcement officers,
poll managers may manage the number of persons allowed in the polling place to
prevent confusion, congestion, and inconvenience to voters.
(d) No
person whose name appears as a candidate on the ballot being voted upon at a
primary, election, special primary, or special election, except a judge of the
probate court serving as the election superintendent, shall physically enter
any polling place other than the polling place at which that person is
authorized to cast his or her ballot for that primary, election, special
primary, or special election and, after casting his or her ballot, the
candidate shall not return to such polling place until after the poll has
closed and voting has ceased or other than to transact business with the board
of registrars, so long as the person does not violate any other provision of
this Code section. Judges of the probate court serving as election
superintendents shall enter polling places only as necessary to fulfill their
duties as election superintendents and shall not engage in any practice
prohibited by this Code section.
(e) This
Code section shall not be construed to prohibit a poll officer from
distributing materials, as required by law, which are necessary for the purpose
of instructing electors or from distributing materials prepared by the
Secretary of State which are designed solely for the purpose of encouraging
voter participation in the election being conducted.
(f) Any
person who violates this Code section shall be guilty of a misdemeanor.
History
Ga.
L. 1956, p. 333, § 1; Ga. L. 1961, p. 557, § 1; Code 1933, §§ 34-1307, 34-1938,
enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1969, p. 308, § 3; Ga. L.
1977, p. 174, § 1; Ga. L. 1978, p. 1039, § 1; Ga. L. 1984, p. 674, § 1; Ga. L.
1985, p. 632, § 5; Ga. L. 1986, p. 32, § 1; Ga. L. 1986, p. 382, § 4; Ga. L.
1988, p. 647, § 3; Ga. L. 1989, p. 1084, § 3; Ga. L. 1993, p. 712, § 1; Ga. L.
1994, p. 1406, § 25; Ga. L. 1998, p. 295, § 1; Ga. L. 2001, p. 240, § 41; Ga. L.
2003, p. 517, § 47; Ga. L. 2005, p.
253, § 58/HB 244; Ga. L. 2010, p. 914,
§ 22/HB 540; Ga. L. 2012, p. 995, §
31/SB 92; Ga. L. 2016, p. 173, § 5/SB
199; Ga. L. 2017, p. 697, § 19/HB 268.
Annotations
Notes
THE 2017 AMENDMENT,
effective July 1, 2017, substituted ", nor shall any person, other than
election officials discharging their duties, establish or set up any tables or
booths" for "or conduct any exit poll or public opinion poll with
voters" in the middle of subsection (a); and substituted the present
provisions of subsection (c) for the former provisions, which read:
"Reserved.".
EDITOR'S NOTES. --
In light of the similarity of the statutory provisions,
opinions under former Code 1933, § 34A-1206 are included in the annotations for
this Code section.
Case Notes
JUDICIAL DECISIONS
CONSTITUTIONALITY.
--The U.S. Court of Appeals for the 11th Circuit found that a Florida
electioneering statute was narrowly tailored to protect the compelling state
interest of citizens to vote free from intimidation, interference, and fraud,
and did not violate the First Amendment by banning exit solicitations about
non-ballot issues within 100 feet of polling places; accordingly, the district
court abused the court's discretion in granting a preliminary injunction.
Citizens for Police Accountability Political Comm. v. Browning, 572 F.3d 1213
(11th Cir. 2009).
O. C.G.A.
§ 21-2-414(A) INFRINGED UPON THE FIRST AMENDMENT'S PROTECTION OF POLITICAL
SPEECH; however, a 25-foot limit on campaign and polling activities withstands
constitutional scrutiny, and enforcement beyond that limit would be permanently
enjoined. NBC v. Cleland, 697 F. Supp. 1204 (N.D. Ga. 1988) (decided prior to
1993 amendment of this section).
PRELIMINARY
INJUNCTION AGAINST ENFORCEMENT OF O.C.G.A. § 21-2-414(B) was issued, where court
was of the opinion that plaintiff challenging the statute on constitutional
grounds would prevail at a final hearing. Committee for Sandy Springs, Ga.,
Inc. v. Cleland, 708 F. Supp. 1289 (N.D. Ga. 1988).
CITED in Stiles v.
Earnest, 252 Ga. 260, 312 S.E.2d 337 (1984).
Research References & Practice Aids
CROSS REFERENCES. --
Prohibited placement of posters, signs, and advertisements,
§ 16-7-58. Further provisions regarding prohibited activities in vicinity of
voting compartment or voting booth, § 21-2-568.
OPINIONS OF THE ATTORNEY
GENERAL
SCOPE OF AREA AND
ACTIVITY OPEN TO CAMPAIGN WORKER DURING ELECTION. --Except where there are no
attempts at electioneering, it is legal for a candidate or a candidate's
campaign worker to be present in a polling place, but outside an enclosed area
during an election or to be present outside the polling place, but within a
250-foot limit, but it is illegal to engage in noncommunicative but otherwise
campaign related activity, specifically, observing voters and checking a voters
list, outside the polling place but within the 250-foot limit. 1982 Op. Att'y
Gen. No. 82-30 (decided prior to 1989 amendment to subsection (b)).
SOLICITING
SIGNATURES ON A PETITION FOR REFERENDUM IS PERMISSIBLE within 250 feet of the
polling place. 1968 Op. Att'y Gen. No. 68-370 (decided prior to 1989 amendment
to subsection (b)).
COMPILATION OF LIST
OF ELECTORS NOT SOLICITATION. --The compilation of a list of names for the
purpose of determining the identity of electors who have not voted, so that
transportation can be furnished to such electors, is not itself an activity
which would, without more, amount to a solicitation of votes within the meaning
of this section. 1967 Op. Att'y Gen. No. 67-45 (see O.C.G.A. § 21-2-414).
FINGERPRINTING.
--The Georgia Crime Information Center is not authorized to collect and file
fingerprints of persons charged with a violation of O.C.G.A. § 21-2-414. 2001
Op. Att'y Gen. No. 2001-11.
An offense under
O.C.G.A. § 21-2-414 would not be designated as one which requires
fingerprinting. 1998 Op. Att'y Gen. No. 98-20.
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, § 354.
C.J.S. --
29 C.J.S., Elections, §§ 332, 333.
ALR. --
Validity, construction, and application of state statutes
regulating solicitation or exit polling near voting precincts, 65 A.L.R.6th
441.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-410
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 11. PREPARATION FOR AND CONDUCT OF PRIMARIES AND ELECTIONS > PART 1. GENERAL PROVISIONS
§ 21-2-410. Poll officers authorized to give instructions to
electors upon request
If
any elector, before or after entering the voting booth, shall ask for
instructions concerning the manner of voting, a poll officer may give such
elector such instructions; but no person giving an elector such instructions
shall in any manner request, suggest, or seek to persuade or induce any such
elector to vote any particular ticket or for any particular candidate or for or
against any particular question. After giving such instructions and before the
elector closes the booth or votes, the poll officer shall retire and the
elector shall immediately vote.
History
Code 1933, § 34-1311, enacted by Ga. L. 1969, p. 308, § 10; Ga. L. 1998, p. 295, § 1.
Annotations
Research References & Practice Aids
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, § 313 et seq.
C.J.S. --
29 C.J.S., Elections, §§ 334, 335, 336.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-413
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 11. PREPARATION FOR AND CONDUCT OF
PRIMARIES AND ELECTIONS > PART 1.
GENERAL PROVISIONS
§ 21-2-413. Conduct of voters, campaigners, and others at
polling places generally
(a) No
elector shall be allowed to occupy a voting compartment or voting machine booth
already occupied by another except when giving assistance as permitted by this
chapter.
(b) No
elector shall remain in a voting compartment or voting machine booth an unreasonable
length of time; and, if such elector shall refuse to leave after such period,
he or she shall be removed by the poll officers.
(c) No
elector except a poll officer or poll watcher shall reenter the enclosed space
after he or she has once left it except to give assistance as provided by this
chapter.
(d) No
person, when within the polling place, shall electioneer or solicit votes for
any political party or body or candidate or question, nor shall any written or
printed matter be posted within the room, except as required by this chapter.
The prohibitions contained within Code Section 21-2-414 shall be equally
applicable within the polling place and no elector shall violate the provisions
of Code Section 21-2-414.
(e) No
person shall use photographic or other electronic monitoring or recording
devices, cameras, or cellular telephones while such person is in a polling
place while voting is taking place; provided, however, that a poll manager, in
his or her discretion, may allow the use of photographic devices in the polling
place under such conditions and limitations as the election superintendent
finds appropriate, and provided, further, that no photography shall be allowed
of a ballot or the face of a voting machine or DRE unit or electronic ballot
marker while an elector is voting such ballot or machine or DRE unit or using
such electronic ballot marker, and no photography shall be allowed of an
electors list, electronic electors list, or the use of an electors list or
electronic electors list. This subsection shall not prohibit the use of
photographic or other electronic monitoring or recording devices, cameras, or
cellular telephones by poll officials for official purposes.
(f) All
persons except poll officers, poll watchers, persons in the course of voting
and such persons' children under 18 years of age or any child who is 12 years
of age or younger accompanying such persons, persons lawfully giving assistance
to electors, duly authorized investigators of the State Election Board, and
peace officers when necessary for the preservation of order, must remain
outside the enclosed space during the progress of the voting. Notwithstanding
any other provision of this chapter, any elector shall be permitted to be
accompanied into the enclosed area and into a voting compartment or voting
machine booth while voting by such elector's child or children under 18 years
of age or any child who is 12 years of age or younger unless the poll manager
or an assistant manager determines in his or her sole discretion that such
child or children are causing a disturbance or are interfering with the conduct
of voting. Children accompanying an elector in the enclosed space pursuant to
this subsection shall not in any manner handle any ballot nor operate any function
of the voting equipment under any circumstances.
(g) When
the hour for closing the polls shall arrive, all electors who have already
qualified and are inside the enclosed space shall be permitted to vote; and, in
addition thereto, all electors who are then in the polling place outside the
enclosed space, or then in line outside the polling place, waiting to vote,
shall be permitted to do so if found qualified, but no other persons shall be
permitted to vote.
(h) It
shall be the duty of the chief manager to secure the observances of this Code
section, to keep order in the polling place, and to see that no more persons
are admitted within the enclosed space than are permitted by this chapter.
Further, from the time a polling place is opened until the ballots are
delivered to the superintendent, the ballots shall be in the custody of at
least two poll officers at all times.
(i) No
person except peace officers regularly employed by the federal, state, county,
or municipal government or certified security guards shall be permitted to
carry firearms within 150 feet of any polling place as provided for in
subsection (b) of Code Section 16-11-127.
History
Code
1933, § 34-1319, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Code 1933, §
34-1313, as redesignated by Ga. L. 1969, p. 308, § 20; Ga. L. 1975, p. 807, §
1; Ga. L. 1978, p. 1004, § 25; Ga. L. 1978, p. 1039, § 3; Ga. L. 1985, p. 496,
§ 15; Ga. L. 1986, p. 32, § 1; Ga. L. 1992, p. 1815, § 5; Ga. L. 1998, p. 295,
§ 1; Ga. L. 2001, p. 240, § 40; Ga. L. 2003, p. 517, § 46; Ga. L. 2012, p. 995, § 30/SB 92; Ga. L. 2015, p. 805, § 12/HB 492; Ga. L. 2019, p. 7, § 35/HB 316.
Annotations
Notes
THE 2019 AMENDMENT,
effective April 2, 2019, in subsection (e), in the proviso of the first
sentence, inserted "or electronic ballot marker" and inserted
"or using such electronic ballot marker," in the middle.
EDITOR'S NOTES. --
In light of the similarity of the statutory provisions,
opinions under former Code 1933, § 34A-1212 and former Code Section 21-3-320
are included in the annotations for this Code section.
Research References & Practice Aids
CROSS REFERENCES. --
Further provisions regarding prohibited activities in
vicinity of voting compartment or voting booth, § 21-2-568.
OPINIONS OF THE ATTORNEY
GENERAL
SCOPE OF AREA AND
ACTIVITY OPEN TO CAMPAIGN WORKER DURING ELECTION. --Except where there are no
attempts at electioneering, it is legal for a candidate or a candidate's
campaign worker to be present in a polling place, but outside an enclosed area
during election or to be present outside a polling place, but within a 250-foot
limit, but it is illegal to engage in noncommunicative but otherwise campaign
related activity, specifically, observing voters and checking a voters list,
outside a polling place but within the 250-foot limit. 1982 Op. Att'y Gen. No.
82-30 (decided prior to 1989 amendment to § 21-2-414(b) and under former Code
1933, § 34A-1212).
AM. JUR. 2D. --
25 Am. Jur. 2d, Elections, § 90 et seq. 26 Am. Jur. 2d,
Elections, §§ 304 et seq., 311, 354, 451, 452.
C.J.S. --
29 C.J.S., Elections, §§ 324, 330 et seq.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-412
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 11. PREPARATION FOR AND CONDUCT OF PRIMARIES AND ELECTIONS > PART 1. GENERAL PROVISIONS
§ 21-2-412. Duties of superior courts on days of primaries
and elections
At
least one judge of the superior court of each judicial circuit shall be
available in his or her circuit on the day of each primary or election from
7:00 A.M. eastern standard time or eastern daylight time, whichever is
applicable, until 10:00 P.M. eastern standard time or eastern daylight time,
whichever is applicable, and so long thereafter as it may appear that the process
of such court will be necessary to secure a free, fair, and correct computation
and canvass of votes cast at such primary or election. During such period the
court shall issue process, if necessary, to enforce and secure compliance with
the primary or election laws and shall decide such other matters pertaining to
the primary or election as may be necessary to carry out the intent of this
chapter.
History
Code 1933, § 34-1306, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1998, p. 295, § 1.
Annotations
Research References & Practice Aids
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, § 365 et seq.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-417
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 11. PREPARATION FOR AND CONDUCT OF
PRIMARIES AND ELECTIONS > PART 1.
GENERAL PROVISIONS
§ 21-2-417. Presentation of identification to poll workers;
form of proper identification; swearing of statement when unable to produce
proper identification; provisional ballots for those; penalty for false
statement under oath
(a) Except
as provided in subsection (c) of this Code section, each elector shall present
proper identification to a poll worker at or prior to completion of a voter's
certificate at any polling place and prior to such person's admission to the
enclosed space at such polling place. Proper identification shall consist of
any one of the following:
(1) A
Georgia driver's license which was properly issued by the appropriate state
agency;
(2) A
valid Georgia voter identification card issued under Code Section 21-2-417.1 or
other valid identification card issued by a branch, department, agency, or
entity of the State of Georgia, any other state, or the United States
authorized by law to issue personal identification, provided that such
identification card contains a photograph of the elector;
(3) A
valid United States passport;
(4) A
valid employee identification card containing a photograph of the elector and
issued by any branch, department, agency, or entity of the United States
government, this state, or any county, municipality, board, authority, or other
entity of this state;
(5) A
valid United States military identification card, provided that such
identification card contains a photograph of the elector; or
(6) A
valid tribal identification card containing a photograph of the elector.
(b) Except
as provided in subsection (c) of this Code section, if an elector is unable to
produce any of the items of identification listed in subsection (a) of this
Code section, he or she shall be allowed to vote a provisional ballot pursuant
to Code Section 21-2-418 upon swearing or affirming that the elector is the
person identified in the elector's voter certificate. Such provisional ballot
shall only be counted if the registrars are able to verify current and valid
identification of the elector as provided in subsection (a) of this Code
section within the time period for verifying provisional ballots pursuant to
Code Section 21-2-419. Falsely swearing or affirming such statement under oath
shall be punishable as a felony, and the penalty shall be distinctly set forth
on the face of the statement.
(c) An
elector who registered to vote by mail, but did not comply with subsection (c)
of Code Section 21-2-220, and who votes for the first time in this state shall
present to the poll workers either one of the forms of identification listed in
subsection (a) of this Code section or a copy of a current utility bill, bank
statement, government check, paycheck, or other government document that shows
the name and address of such elector. If such elector does not have any of the
forms of identification listed in this subsection, such elector may vote a
provisional ballot pursuant to Code Section 21-2-418 upon swearing or affirming
that the elector is the person identified in the elector's voter certificate.
Such provisional ballot shall only be counted if the registrars are able to
verify current and valid identification of the elector as provided in this
subsection within the time period for verifying provisional ballots pursuant to
Code Section 21-2-419. Falsely swearing or affirming such statement under oath
shall be punishable as a felony, and the penalty shall be distinctly set forth
on the face of the statement.
History
Code
1981, § 21-2-417, enacted by Ga. L. 1997, p. 662, § 3; Ga. L. 1998, p. 295, §
1; Ga. L. 2001, p. 230, § 15; Ga. L. 2003, p. 517, § 48; Ga. L. 2005, p. 253, § 59/HB 244; Ga. L. 2006, p. 3, § 2/SB 84.
Annotations
Case Notes
JUDICIAL DECISIONS
CONSTITUTIONALITY. --In an action by a
political party challenging the 2006 Photo ID Act, amending O.C.G.A. §
21-2-417, no voter was disenfranchised by the Act and, therefore, the Act did
not violate Ga. Const. 1983, Art. II, Sec. I, Para. III. Democratic Party of
Ga., Inc. v. Perdue, 288 Ga. 720, 707 S.E.2d 67 (2011).
In an action by a
political party challenging the 2006 Photo ID Act, amending O.C.G.A. §
21-2-417, the photo ID requirement for in-person voting was authorized by Ga.
Const. 1983, Art. II, Sec. I, Para. I as a reasonable procedure for verifying
that the individual appearing to vote in person was actually the same person
who registered to vote. Democratic Party of Ga., Inc. v. Perdue, 288 Ga. 720,
707 S.E.2d 67 (2011).
EQUAL PROTECTION.
--Because it was likely that the voting organizations could prevail on the
merits of their claims that the photo identification requirement of O.C.G.A. §
21-2-417 violated the equal protection clause, a preliminary injunction was
issued preventing its enforcement or application; many voters with no other ID
had no transportation to the service centers, impairments precluded waiting in
lengthy lines or an inability to travel during business hours, and thus the
requirement would be a hardship for many such voters, making the exercise of
the fundamental right to vote extremely difficult, especially affecting the
elderly, poor, and African-American voters. Common Cause/GA v. Billups, 406 F.
Supp. 2d 1326 (N.D. Ga. 2005).
Court enjoined
the enforcement of the photo identification requirement of the 2006 Photo ID
Act, codified at O.C.G.A. §§ 21-2-417, 21-2-417.1, and 40-5-103(d), because the
requirement unduly burdened the right to vote in violation of the Fourteenth
Amendment's equal protection clause, at least with respect to the July 18,
2006, primary elections and the corresponding primary run-off elections; the
nonprofit organizations and their constituents would have suffered irreparable
harm if the court did not grant a preliminary injunction with respect to those
elections and, considering the right at issue and the likely injury caused by
not entering a preliminary injunction, the threatened harm to the nonprofit
organizations outweighed the potential injury to the state and various election
officials; finally, entering a preliminary injunction for the elections at
issue served the public interest by preserving voting rights. Common
Cause/Georgia v. Billups, 439 F. Supp. 2d 1294 (N.D. Ga. 2006).
Permanent
injunction barring enforcement of O.C.G.A. § 21-2-417 was properly denied
because under the Fourteenth Amendment equal protection clause, the legitimate
interest of the state in preventing voter fraud justified the insignificant
burden of requiring all voters to present photo identification before the
voters voted in person. Common Cause/Georgia v. Billups, 554 F.3d 1340 (11th
Cir. 2009), cert. denied, NAACP v. Billups, 556 U.S. 1282, 129 S. Ct. 2770, 174
L. Ed. 2d 271 (2009).
In an action by a
political party challenging the 2006 Photo ID Act, amending O.C.G.A. §
21-2-417, the Act did not violate the equal protection clause of Ga. Const.
1983, Art. I, Sec. I, Para. II because the photo ID requirement as implemented
was a minimal, reasonable, nondiscriminatory restriction that was warranted by
the important regulatory interest of preventing voter fraud. Democratic Party
of Ga., Inc. v. Perdue, 288 Ga. 720, 707 S.E.2d 67 (2011).
NO STANDING TO
CHALLENGE CONSTITUTIONALITY. --A plaintiff lacked standing to challenge the
constitutionality of the 2006 Photo-ID Act, codified at O.C.G.A. §§ 21-2-417,
21-2-417.1 and 40-5-103(d), at the time the complaint was filed, and thus the
determination that the Act violated Ga. Const. 1983, Art. II, Sec. I, Paras. II
and III had to be vacated; the plaintiff could have voted in person under
O.C.G.A. § 21-2-417 without a photo identification as the plaintiff did not
contend that the plaintiff lacked any of the forms of non-photo identification
allowed to be shown by first-time voters. Perdue v. Lake, 282 Ga. 348, 647
S.E.2d 6 (2007).
ORGANIZATION HAD
STANDING TO CHALLENGE. --Civil rights organization had standing under U.S.
Const. Art. III to challenge O.C.G.A. § 21-2-417 requiring voters to present
photo identification prior to voting in person because the organization
suffered a sufficient injury by forcing the organization to divert resources to
counteract allegedly illegal acts. Common Cause/Georgia v. Billups, 554 F.3d
1340 (11th Cir. 2009), cert. denied, NAACP v. Billups, 556 U.S. 1282, 129 S.
Ct. 2770, 174 L. Ed. 2d 271 (2009).
PRELIMINARY
INJUNCTION. --Because it was likely that voting organizations could prevail on
the merits of their claims that the photo identification requirement of
O.C.G.A. § 21-2-417 violated the Twenty-Fourth amendment, a preliminary
injunction was issued preventing enforcement or application of the requirement;
having to buy the photo ID, the cost of which had also increased, placed a cost
on voting. Common Cause/GA v. Billups, 406 F. Supp. 2d 1326 (N.D. Ga. 2005).
INVALIDATION OF
ELECTION REVERSED ON APPEAL. --Trial court erred by invalidating an election
for sheriff and ordering a new election because the evidence of systemic
misconduct for vote buying and alleged wrongful distribution of absentee
ballots was speculative and insufficient to support the trial court's
conclusion that irregularities cause doubt on the results. Meade v. Williamson,
293 Ga. 142, 745 S.E.2d 279 (2013).
Research References & Practice Aids
LAW REVIEWS. --
For article, "Local Government Law," see 53 Mercer
L. Rev. 389 (2001). For article on 2005 amendment of this Code section, see 22
Ga. St. U. L. Rev. 109 (2005). For article on 2006 amendment of this Code
section, see 23 Ga. St. U. L. Rev. 145 (2006). For survey article on trial
practice and procedure, see 60 Mercer L. Rev. 397 (2008). For article,
"Ethics and Professionalism in the Digital Age: Ninth Annual Georgia
Symposium on Ethics and Professionalism: A Symposium of the Mercer Law Review:
Casenote: Constitutional Burdens on the Right to Vote: Crawford v. Marion
County Election Board, Ian McMullen," see 60 Mercer L. Rev. 1007
(2009).For article, "Reasonable Restrictions on the Franchise: Georgia's
Voter Identification Act of 2006," see 63 Mercer L. Rev. 1129 (2012).
For note on the
2001 amendment to this Code section, see 18 Ga. St. U. L. Rev. 114 (2001).
ALR. --
Constitutionality of requiring presentation of photographic
identification in order to vote, 27 A.L.R.6th 541.
Voter identification
requirements as denying or abridging right to vote on account of race or color
under § 2 of Voting Rights Act, 52 U.S.C.A. § 10301, 12 A.L.R. Fed. 3d 4.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-417.1
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 11. PREPARATION FOR AND CONDUCT OF
PRIMARIES AND ELECTIONS > PART 1.
GENERAL PROVISIONS
§ 21-2-417.1. Voter identification card
(a) Each
county board of registrars shall provide at least one place in the county at
which it shall accept applications for and issue Georgia voter identification
cards to registered Georgia electors which shall under state law be valid only
for purposes of voter identification under Code Section 21-2-417 and available
only to registered electors of this state. No fee shall be charged or collected
for the application for or issuance of a Georgia voter identification
card.
(b) No
person shall be eligible for a Georgia voter identification card if such person
has a valid unexpired driver's license or identification card issued under Code
Section 40-5-100.
(c) The
Georgia voter identification card shall be captioned "GEORGIA VOTER
IDENTIFICATION CARD" and shall contain a prominent statement that under
Georgia law it is valid only as identification for voting purposes. The Georgia
voter identification card shall be laminated, shall contain a digital color
photograph of the applicant, and shall include the following information:
(1) Full
legal name;
(2) Address
of residence;
(3) Birth
date;
(4) Date
identification card was issued;
(5) Sex;
(6) Height;
(8) Eye
color;
(9) County
where the identification card was issued including a county number to be
assigned for each county by the Secretary of State; and
(10) Such
other information or identification as required by rule of the State Election
Board.
(d) The
application for a Georgia voter identification card shall elicit the
information required under subsection (c) of this Code section and such other
information as may be required by rule of the State Election Board. The
application shall be signed and sworn to by the applicant and any falsification
or fraud in the making of the application shall constitute a felony offense
under Code Section 16-10-71, relating to the offense of false swearing.
(e) The
board of registrars shall require presentation and verification of the
following information before issuing a Georgia voter identification card to a
person:
(1) A
photo identity document, except that a nonphoto identity document is acceptable
if it includes both the person's full legal name and date of birth;
(2) Documentation
showing the person's date of birth;
(3) Evidence
that the person is registered to vote in this state; and
(4) Documentation
showing the person's name and address of principal residence.
(f) A
Georgia voter identification card shall remain valid so long as a person
resides in the same county and remains qualified to vote. It shall be the duty
of a person who moves his or her residence within the State of Georgia outside
of the county in which it was issued to surrender his or her card to the board
of registrars of the county of his or her new residence; and such person may
after such surrender apply for and receive a new card if such person is
otherwise eligible under this Code section. It shall be the duty of a person
who moves his or her residence outside the State of Georgia or who ceases to be
qualified to vote to surrender his or her card to the board of registrars by
which it was issued.
(g) The
Secretary of State shall provide each county board of registrars with the necessary
equipment, forms, supplies, and training for the production of the Georgia
voter identification cards and shall maintain such equipment.
(h) Without
in any way limiting the authority of the Secretary of State under subsection
(g) of this Code section, the State Election Board shall adopt rules and
regulations for the administration of this Code section and, without limiting
the generality of the foregoing, such rules and regulations may further define
or prescribe the types of documentation required under subsection (e) of this
Code section.
History
Code
1981, § 21-2-417.1, enacted by Ga. L.
2006, p. 3, § 2/SB 84; Ga. L. 2008, p.
781, § 13/HB 1112; Ga. L. 2019, p. 7, §
36/HB 316.
Annotations
Notes
THE 2019 AMENDMENT,
effective April 2, 2019, in subsection (f), substituted "resides in the
same county" for "resides at the same address" in the first
sentence, and inserted "outside of the county in which it was issued"
near the middle of the second sentence.
Case Notes
JUDICIAL DECISIONS
EQUAL PROTECTION.
--Court enjoined the enforcement of the photo identification requirement of the
2006 Photo ID Act, codified at O.C.G.A. §§ 21-2-417, 21-2-417.1, and
40-5-103(d), because the requirement unduly burdened the right to vote in
violation of the Fourteenth Amendment's equal protection clause, at least with
respect to the July 18, 2006, primary elections and the corresponding primary
run-off elections; the nonprofit organizations and their constituents would
have suffered irreparable harm if the court did not grant a preliminary
injunction with respect to those elections and, considering the right at issue
and the likely injury caused by not entering a preliminary injunction, the
threatened harm to the nonprofit organizations outweighed the potential injury
to the state and various election officials. Finally, entering a preliminary
injunction for the elections at issue served the public interest by preserving
voting rights. Common Cause/Georgia v. Billups, 439 F. Supp. 2d 1294 (N.D. Ga.
2006).
Research References & Practice Aids
ADMINISTRATIVE RULES AND
REGULATIONS. --
Georgia Voter Identification Card, Official Compilation of
the Rules and Regulations of the State of Georgia, Georgia Election Code,
Georgia Voter Identification Card, § 183-1-20-.01.
C.J.S. --
29 C.J.S., Elections, §§ 60, 70.
ALR. --
Voter identification requirements as denying or abridging
right to vote on account of race or color under § 2 of Voting Rights Act, 52
U.S.C.A. § 10301, 12 A.L.R. Fed. 3d 4.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-418
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 11. PREPARATION FOR AND CONDUCT OF
PRIMARIES AND ELECTIONS > PART 1.
GENERAL PROVISIONS
§ 21-2-418. Provisional ballots
(a) If
a person presents himself or herself at a polling place, absentee polling
place, or registration office in his or her county of residence in this state
for the purpose of casting a ballot in a primary or election stating a good
faith belief that he or she has timely registered to vote in such county of
residence in such primary or election and the person's name does not appear on
the list of registered electors, the person shall be entitled to cast a
provisional ballot in his or her county of residence in this state as provided
in this Code section.
(b) Such
person voting a provisional ballot shall complete an official voter
registration form and a provisional ballot voting certificate which shall
include information about the place, manner, and approximate date on which the
person registered to vote. The person shall swear or affirm in writing that he
or she previously registered to vote in such primary or election, is eligible
to vote in such primary or election, has not voted previously in such primary
or election, and meets the criteria for registering to vote in such primary or
election. The form of the provisional ballot voting certificate shall be
prescribed by the Secretary of State. The person shall also present the
identification required by Code Section 21-2-417.
(c) When
the person has provided the information as required by this Code section, the
person shall be issued a provisional ballot and allowed to cast such ballot as
any other duly registered elector subject to the provisions of Code Section
21-2-419.
(d) Notwithstanding
any provision of this chapter to the contrary, in primaries and elections in
which there is a federal candidate on the ballot, in the event that the time
for closing the polls at a polling place or places is extended by court order,
all electors who vote during such extended time period shall vote by
provisional ballot only. Such ballots shall be separated and held apart from
other provisional ballots cast by electors during normal poll hours. Primaries
and elections in which there is no federal candidate on the ballot shall not be
subject to the provisions of this subsection.
(e) The
registrars shall establish a free access system, such as a toll-free telephone
number or internet website, by which any elector who casts a provisional ballot
in a primary or election, or runoff of either, in which federal candidates are
on the ballot may ascertain whether such ballot was counted and, if such ballot
was not counted, the reason why such ballot was not counted. The registrars
shall establish and maintain reasonable procedures necessary to protect the
security, confidentiality, and integrity of personal information collected,
stored, or otherwise used by such free access system. Access to such
information about an individual provisional ballot shall be restricted to the
elector who cast such ballot. At the earliest time possible after the casting
of a provisional ballot, the election superintendent shall notify the Secretary
of State that an elector cast a provisional ballot, whether such ballot was
counted, and, if such ballot was not counted, the reason why such ballot was
not counted.
(f) At
the time an elector casts a provisional ballot, the poll officers shall give
the elector written information that informs the elector of the existence of
the free access system required by subsection (e) of this Code section by which
the elector will be able to ascertain if his or her ballot was counted and, if
such ballot was not counted, the reason why such ballot was not counted.
(g) Failure
to establish such free access system shall subject the registrars and the
county by which the registrars are employed to sanctions by the State Election
Board.
(h) Notwithstanding
any other provision of this chapter to the contrary, in the event that the
voting machines or DRE units at a polling place malfunction and cannot be used
to cast ballots or some other emergency situation exists which prevents the use
of such equipment to cast votes, provisional ballots may be used by the
electors at the polling place to cast their ballots. In such event, the ballots
cast by electors whose names appear on the electors list for such polling place
shall not be considered provisional ballots and shall not require verification
as provided by Code Section 21-2-419; provided, however, that persons whose
names do not appear on the electors list for such polling place shall vote
provisional ballots which shall be subject to verification under Code Section
21-2-419.
History
Code
1981, § 21-2-418, enacted by Ga. L. 2002, p. 598, § 1-5; Ga. L. 2003, p. 517, §
49; Ga. L. 2005, p. 253, § 60/HB
244; Ga. L. 2017, p. 697, § 20/HB
268; Ga. L. 2019, p. 7, § 37/HB 316.
Annotations
Notes
THE 2017 AMENDMENT,
effective July 1, 2017, in subsection (a), inserted "in his or her county
of residence in this state" twice, and, near the middle, substituted
"stating a good faith belief" for "believing" and inserted
"in such county of residence".
THE 2019 AMENDMENT,
effective April 2, 2019, in subsection (e), substituted "internet"
for "Internet" near the middle of the first sentence and added the
fourth sentence.
Research References & Practice Aids
ADMINISTRATIVE RULES AND
REGULATIONS. --
Provisional ballots, Official Compilation of the Rules and
Regulations of the State of Georgia, Georgia Election Code, Voting Machines --
Vote Recorders, § 183-1-12-.06.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-430
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 11. PREPARATION FOR AND CONDUCT OF PRIMARIES AND ELECTIONS > PART 2. PRECINCTS USING PAPER BALLOTS
§ 21-2-430. Opening of ballot boxes; destruction of
irrelevant materials; locking of ballot box; public breaking of seals;
instruction cards and notices of penalties
In
precincts in which ballots are used, the poll officers shall, after taking the
oath, publicly open the ballot boxes which have been furnished to them and
shall, prior to opening of the polls, totally destroy any ballots and other
papers which they may find therein which are not intended for use in such primary
or election. When the polling place is opened, the ballot box shall be securely
locked and shall not be opened until the close of the polls, as provided in
Code Section 21-2-436. At the opening of the polls, the seals of the packages
furnished by the superintendent shall be publicly broken and such packages
shall be opened by the chief manager. The cards of instruction shall be
immediately posted in each voting compartment. One card of instruction, one
notice of penalties, and one voting rights poster shall be immediately posted
in or about the voting room outside the enclosed space; and such card of
instruction, notice of penalties, and voting rights poster shall be given to
any elector at his or her request so long as there are any on hand.
History
Code 1933, § 34-1315, enacted by Ga. L. 1969, p. 308, § 15; Ga. L. 1983, p. 140, § 1; Ga. L. 1998, p. 295, § 1; Ga. L. 2005, p. 253, § 61/HB 244.
Annotations
Case Notes
JUDICIAL DECISIONS
CITED in Rary v. Guess, 129 Ga. App. 102, 198 S.E.2d 879 (1973).
Research References & Practice Aids
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-419
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 11. PREPARATION FOR AND CONDUCT OF
PRIMARIES AND ELECTIONS > PART 1.
GENERAL PROVISIONS
§ 21-2-419. Validation of provisional ballots; reporting to
Secretary of State
(a) A
person shall cast a provisional ballot on the same type of ballot that is
utilized by the county or municipality. Such provisional ballot shall be sealed
in double envelopes as provided in Code Section 21-2-384 and shall be deposited
by the person casting such ballot in a secure, sealed ballot box.
(b) At
the earliest time possible after the casting of a provisional ballot, but no
later than the day after the primary or election in which such provisional
ballot was cast, the board of registrars of the county or municipality, as the case
may be, shall be notified by the election superintendent that provisional
ballots were cast in the primary or election and the registrars shall be
provided with the documents completed by the person casting the provisional
ballot as provided in Code Section 21-2-418. Provisional ballots shall be
securely maintained by the election superintendent until a determination has
been made concerning their status. The board of registrars shall immediately
examine the information contained on such documents and make a good faith
effort to determine whether the person casting the provisional ballot was
entitled to vote in the primary or election. Such good faith effort shall
include a review of all available voter registration documentation, including
registration information made available by the electors themselves and
documentation of modifications or alterations of registration data showing
changes to an elector's registration status. Additional sources of information
may include, but are not limited to, information from the Department of Driver
Services, Department of Family and Children Services, Department of Natural
Resources, public libraries, or any other agency of government including, but
not limited to, other county election and registration offices.
(c)
(1) If
the registrars determine after the polls close, but not later than three days
following the primary or election, that the person casting the provisional
ballot timely registered to vote and was eligible and entitled to vote in such
primary or election, the registrars shall notify the election superintendent
and the provisional ballot shall be counted and included in the county's or
municipality's certified election results.
(2) If
the registrars determine after the polls close, but not later than three days
following the primary or election, that the person voting the provisional
ballot timely registered and was eligible and entitled to vote in the primary
or election but voted in the wrong precinct, then the board of registrars shall
notify the election superintendent. The superintendent shall count such
person's votes which were cast for candidates in those races for which the
person was entitled to vote but shall not count the votes cast for candidates
in those races in which such person was not entitled to vote. The
superintendent shall order the proper election official at the tabulating
center or precinct to prepare an accurate duplicate ballot containing only
those votes cast by such person in those races in which such person was entitled
to vote for processing at the tabulating center or precinct, which shall be
verified in the presence of a witness. Such duplicate ballot shall be clearly
labeled with the word "Duplicate," shall bear the designation of the
polling place, and shall be given the same serial number as the original
ballot. The original ballot shall be retained.
(3) If
the registrars determine that the person casting the provisional ballot did not
timely register to vote or was not eligible or entitled to vote in such primary
or election or shall be unable to determine within three days following such
primary or election whether such person timely registered to vote and was
eligible and entitled to vote in such primary or election, the registrars shall
so notify the election superintendent and such ballot shall not be counted. The
election superintendent shall mark or otherwise document that such ballot was
not counted and shall deliver and store such ballots with all other ballots and
election materials as provided in Code Section 21-2-500.
(d)
(1) At
the earliest time possible after a determination is made regarding a
provisional ballot, the board of registrars shall notify in writing those
persons whose provisional ballots were not counted that their ballots were not
counted because of the inability of the registrars to verify that the persons
timely registered to vote or other proper reason. The registrars shall process
the official voter registration form completed by such persons pursuant to Code
Section 21-2-418 and shall add such persons to the electors list if found
qualified.
(2) At
the earliest time possible after a determination is made regarding a
provisional ballot, the board of registrars shall notify in writing those
electors who voted in the wrong precinct and whose votes were partially counted
of their correct precinct.
(e) The
board of registrars shall complete a report in a form designated by the
Secretary of State indicating the number of provisional ballots cast and
counted in the primary or election.
History
Code
1981, § 21-2-419, enacted by Ga. L. 2002, p. 598, § 1-6; Ga. L. 2003, p. 151, §
1; Ga. L. 2008, p. 781, § 14/HB
1112; Ga. L. 2010, p. 914, § 23/HB 540; Ga. L. 2019, p. 7, § 38/HB 316.
Annotations
Notes
THE 2019 AMENDMENT,
effective April 2, 2019, deleted "for mail-in absentee ballots"
following "municipality" at the end of the first sentence of
subsection (a); added the fourth and fifth sentences in subsection (b); and
substituted "At the earliest time possible after a determination is made
regarding a provisional ballot, the" for "The" at the beginning
of paragraphs (d)(1) and (d)(2).
Case Notes
JUDICIAL DECISIONS
OBLIGATION OF COUNTY
TO TAKE CORRECTIVE STEPS. --O.C.G.A. §§ 21-2-419 and 21-2-499 expressly anticipate
the potential need for a county to take additional corrective steps and
resubmit the county's vote tally to the Secretary of State after the
Secretary's remission of the original certification with questions. Common
Cause Georgia v. Kemp, 347 F. Supp. 3d 1270 (N.D. Ga. 2018).
Research References & Practice Aids
ADMINISTRATIVE RULES AND
REGULATIONS. --
Provisional ballots, Official Compilation of the Rules and
Regulations of the State of Georgia, Georgia Election Code, Voting Machines --
Vote Recorders, § 183-1-12-.06.
LAW REVIEWS. --
For article on the 2019 amendment of this Code section, see
36 Ga. St. U.L. Rev. 81 (2019).
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-431
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 11. PREPARATION FOR AND CONDUCT OF
PRIMARIES AND ELECTIONS > PART 2.
PRECINCTS USING PAPER BALLOTS
§ 21-2-431. Execution of voter's certificate; procedure upon
qualification of elector; elector unable to sign name; voting outside precinct
of residence; registration as prerequisite to voting
(a) At
every primary and election, each elector who desires to vote shall first
execute a voter's certificate and hand the same to the poll officer in charge
of the electors list. When an elector has been found entitled to vote, the poll
officer who examined his or her voter's certificate shall sign his or her name
or initials on the voter's certificate and shall, if the voter's signature is
not readily legible, print such voter's name under his or her signature. As
each elector is found to be qualified and votes, the poll officers shall check
off the elector's name on the electors list and shall enter the number of the
stub of the ballot issued to him or her, or his or her number in the order of
admission to the voting machines, on the voter's certificate of such elector.
As each elector votes, his or her name in the order of voting shall be recorded
in the numbered list of voters provided for that purpose.
(b) If
any elector was unable to sign his or her name at the time of registration or
if, having been able to sign his or her name when registered, he or she
subsequently shall have become, through physical disability, unable to sign his
or her name when he or she applies to vote, he or she shall establish his or
her identity to the satisfaction of the poll officers; and in such case he or
she shall not be required to sign a voter's certificate, but a certificate
shall be prepared for him or her by a poll officer.
(c) Except
as provided in Code Sections 21-2-218 and 21-2-386, no person shall vote at any
primary or election at any polling place outside the precinct in which such
person resides, nor shall such person vote in the precinct in which such person
resides unless such person has been registered as an elector and such person's
name appears on the electors list of such precinct.
History
Ga.
L. 1894, p. 115, § 2; Civil Code 1895, § 40; Civil Code 1910, § 40; Code 1933,
§ 34-110; Code 1933, § 34-1316, enacted by Ga. L. 1969, p. 308, § 17; Ga. L.
1979, p. 962, § 2; Ga. L. 1982, p. 1512, § 5; Ga. L. 1994, p. 1443, § 6; Ga. L.
1998, p. 295, § 1; Ga. L. 2006, p. 888,
§ 7/HB 1435.
Annotations
Case Notes
JUDICIAL DECISIONS
CITED in Rary v.
Guess, 129 Ga. App. 102, 198 S.E.2d 879 (1973).
Research References & Practice Aids
OPINIONS OF THE ATTORNEY
GENERAL
ABSENTEE AND REGULAR
ELECTORS TO BE TREATED SIMILARLY. --In deciding upon the proper method for
determining whether persons have voted within the past three years, it is
important that absentee electors and regular electors be treated as similarly
as possible despite the varying procedures. 1974 Op. Att'y Gen. No.
74-133.
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, § 312.
C.J.S. --
29 C.J.S., Elections, §§ 70, 73, 75, 328.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-438
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 11. PREPARATION FOR AND CONDUCT OF
PRIMARIES AND ELECTIONS > PART 2.
PRECINCTS USING PAPER BALLOTS
§ 21-2-438. Ballots identifying voter, not marked, or
improperly marked declared void
(a) Any
ballot marked so as to identify the voter shall be void and not counted, except
a ballot cast by a challenged elector whose name appears on the electors list;
such challenged vote shall be counted as prima facie valid but may be voided in
the event of an election contest. Any ballot marked by anything but pen or
pencil shall be void and not counted. Any erasure, mutilation, or defect in the
vote for any candidate shall render void the vote for such candidate but shall
not invalidate the votes cast on the remainder of the ballot, if otherwise
properly marked. If an elector shall mark his or her ballot for more persons
for any nomination or office than there are candidates to be voted for such
nomination or office, or if, for any reason, it may be impossible to determine
his or her choice for any nomination or office, his or her ballot shall not be
counted for such nomination or office; but the ballot shall be counted for all
nominations or offices for which it is properly marked. Ballots not marked or
improperly or defectively marked so that the whole ballot is void, shall be set
aside and shall be preserved with the other ballots. In primaries, votes cast
for candidates who have died, withdrawn, or been disqualified shall be void and
shall not be counted. In elections, votes for candidates who have died or been
disqualified shall be void and shall not be counted.
(b) At
elections, any ballot marked by any other mark than a cross (X) or check
([checkmark]) mark in the spaces provided for that purpose shall be void and
not counted; provided, however, that no vote recorded thereon shall be declared
void because a cross (X) or check ([checkmark]) mark thereon is irregular in
form. A cross (X) or check ([checkmark]) mark in the square opposite the names
of the nominees of a political party or body for the offices of President and
Vice President shall be counted as a vote for every candidate of that party or
body for the offices of presidential electors. Any ballot indicating a write-in
for any person whose name is not printed on the ballot and who properly gave
notice of intent to run as a write-in candidate pursuant to Code Section
21-2-133 shall be counted as a vote for such person, if written in the proper
space or spaces provided for that purpose, whether or not a cross (X) or check
([checkmark]) mark is placed before the name of such person.
(c) Notwithstanding
any other provisions of this chapter to the contrary and in accordance with the
rules and regulations of the State Election Board promulgated pursuant to
paragraph (7) of Code Section 21-2-31, if the elector has marked his or her
ballot in such a manner that he or she has indicated clearly and without
question the candidate for whom he or she desires to cast his or her vote, his
or her ballot shall be counted and such candidate shall receive his or her
vote, notwithstanding the fact that the elector in indicating his or her choice
may have marked his or her ballot in a manner other than as prescribed by this
chapter.
History
Ga.
L. 1952, p. 304, § 1; Code 1933, §§ 34-1322, 34-1322.1, enacted by Ga. L. 1964,
Ex. Sess., p. 26, § 1; Ga. L. 1968, p. 871, §§ 9, 10; Code 1933, §§ 34-1323,
34-1324, as redesignated by Ga. L. 1969, p. 308, §§ 9, 24; Ga. L. 1987, p. 417,
§ 8; Ga. L. 1987, p. 1360, § 17; Ga. L. 1993, p. 118, § 1; Ga. L. 1994, p. 279,
§ 8; Ga. L. 1998, p. 295, § 1; Ga. L. 2003, p. 517, § 50.
Annotations
Case Notes
JUDICIAL DECISIONS
LEGISLATIVE
DECLARATION OF PUBLIC POLICY. --The directions as to how a voter should mark a
ballot and as to what ballots shall or shall not be counted, though
specifically referring to the paper ballot, are declarations of public policy
by the legislature. Blackburn v. Hall, 115 Ga. App. 235, 154 S.E.2d 392 (1967).
IT IS THE DUTY OF
THE VOTER TO MAKE THE VOTER'S INTENTION CLEAR AND CERTAIN, upon pain of having
the vote cast out if that does not appear. Blackburn v. Hall, 115 Ga. App. 235,
154 S.E.2d 392 (1967).
Unless the ballot
clearly demonstrates the voter's intention, those who are charged with the
counting and tabulation of ballots should not be called upon to surmise as to
what the intent may have been -- for they may well come to the wrong
conclusion. Blackburn v. Hall, 115 Ga. App. 235, 154 S.E.2d 392 (1967).
"OVER-VOTE" VOIDS BALLOT AS TO SPECIFIC OFFICE. --An
"over-vote" occurs when the voter appropriately marks the indicated
space at the head of a party column on a ballot, indicating an intention to
vote for all of that party's candidates, and also places marks opposite the
names of an opposing candidate or candidates, indicating an intent to vote also
for them, or when the voter marks a straight party ticket and additionally
writes in the name of a candidate for one of the offices for which there is a
candidate by that party. Where an over-vote has occurred, as to that office, or
those offices, the ballot is invalid, but it is valid as to others. Blackburn
v. Hall, 115 Ga. App. 235, 154 S.E.2d 392 (1967).
VOTE RECORDER
BALLOTS. --Cardboard ballots "marked" by a punch are governed by the
provisions of O.C.G.A. § 21-2-438 pertaining to paper ballots and, thus, votes
cast on vote recorder ballots for candidates who had withdrawn from the
election were void. Jones v. Norris, 262 Ga. 468, 421 S.E.2d 706 (1992).
CITED in Broome v.
Martin, 111 Ga. App. 51, 140 S.E.2d 500 (1965); Henderson v. County Bd. of
Registration & Elections, 126 Ga. App. 280, 190 S.E.2d 633 (1972); Rary v.
Guess, 129 Ga. App. 102, 198 S.E.2d 879 (1973).
Research References & Practice Aids
ADMINISTRATIVE RULES AND
REGULATIONS. --
Definition of vote, Official Compilation of the Rules and
Regulations of the State of Georgia, Georgia Election Code, Returns of
Primaries and Elections, § 183-1-15-.02.
OPINIONS OF THE ATTORNEY
GENERAL
BALLOT WHICH SHOWS
CLEAR INDICATION OF INTENT IS VALID. --To give meaning to former Code 1933, §§
34-1103, 34-1330, 34-1324 (see now O.C.G.A. §§ 21-2-285, 21-2-452 and 21-2-438)
those statutes should be construed as requiring poll officers to count as valid
ballots any ballot on which an elector has indicated clearly and without
question the candidate for whom the elector desires to cast a vote,
notwithstanding the fact the elector has not marked the ballot in accordance
with the Election Code, except write-in ballots containing the name of the
candidate inserted by means of a sticker, paster, stamp, or other printed or
written matter. 1976 Op. Att'y Gen. No. U76-45.
ABBREVIATIONS IN
WRITE-IN VOTES. --An elector, when casting a write-in vote, may use
abbreviations in the title of the office if the write-in office has been
abbreviated in such a way that the elector has indicated clearly and without
question the office for which the elector voted. 1968 Op. Att'y Gen. No.
68-434.
USE OF STICKERS,
PASTERS, AND STAMPS. --Former Code 1933, § 34-1324 (see now O.C.G.A. §
21-2-438) did not remove the restrictions on the use of stickers, pasters, and
stamps, as contained in former Code 1933, §§ 34-1103 and 34-1330 (see now
O.C.G.A. §§ 21-2-285 and 21-2-452). 1976 Op. Att'y Gen. No. U76-45.
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, § 319 et seq.
C.J.S. --
29 C.J.S., Elections, §§ 294, 299, 305 et seq., 318 et
seq.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-435
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 11. PREPARATION FOR AND CONDUCT OF
PRIMARIES AND ELECTIONS > PART 2.
PRECINCTS USING PAPER BALLOTS
§ 21-2-435. Procedure as to marking and depositing of
ballots
(a) In
precincts in which ballots are used, the elector, after receiving his or her
ballot, shall retire to one of the voting compartments and draw the curtain or
shut the screen or door and shall then prepare his or her ballot; provided,
however, that an elector may, before entering the voting booth, ask for
instructions concerning the manner of voting, and a poll officer shall give him
or her such instructions; but no person giving an elector such instructions
shall in any manner request, suggest, or seek to persuade or induce any such
elector to vote any particular ticket or for any particular candidate or for or
against any particular question. After giving such instructions and before the
elector closes the booth or votes, the poll officer shall retire and the
elector shall forthwith vote.
(b) At
primaries, the elector shall prepare his or her ballot in the following manner:
He or she shall vote for the candidates of his or her choice for nomination or
election, according to the number of persons to be voted for by him or her, for
each office, by making a cross (X) or check ([checkmark]) mark in the square
opposite the name of each candidate. No elector shall be permitted to cast a
write-in ballot in a primary. A ballot upon which a voter has marked out or
struck through the name of a candidate for whom the voter does not intend to
cast his or her vote may be counted if the ballot clearly indicates that
candidate for whom the voter desired to cast his or her vote.
(c) At
elections, the elector shall prepare his or her ballot in the following
manner:
(1) He
or she may vote for the candidates of his or her choice for each office to be
filled according to the number of persons to be voted for by him or her for
each office, by making a cross (X) or check ([checkmark]) mark in the square
opposite the name of the candidate;
(2) He
or she may write, in the blank space provided therefor, any name not already
printed on the ballot, and such insertion shall count as a vote without the
marking of a cross (X) or check ([checkmark]) mark;
(3) Reserved;
(4) If
he or she desires to vote for the presidential electors nominated by any party
or body, he or she may make a cross (X) or check ([checkmark]) mark in the
appropriate square at the left of the names of the candidates for President and
Vice President of such party or body;
(5) In
case of a question submitted to the vote of the electors, he or she may make a
cross (X) or check ([checkmark]) mark in the appropriate square opposite the
answer which he or she desires to give.
(d) Before
leaving the voting compartment, the elector shall fold his or her ballot,
without displaying the markings thereon, in the same way it was folded when
received by him or her; and he or she shall then leave the compartment and
exhibit the number strip of the ballot to a poll officer who shall ascertain by
an inspection of the number appearing thereon whether the ballot so exhibited
to him or her is the same ballot which the elector received before entering the
voting compartment. If it is the same, the poll officer shall direct the
elector, without unfolding the ballot, to remove the perforated portion
containing the number, and the elector shall immediately deposit the ballot in
the ballot box. The number strip shall be deposited in the stub box provided
for such purpose and the number strips shall be retained with the ballots and
other stubs. Any ballot, other than one which has been challenged for cause
under Code Section 21-2-230, deposited in a ballot box at any primary or
election without having such number removed shall be void and shall not be
counted.
History
Ga.
L. 1941, p. 324, § 2; Code 1933, § 34-1314, enacted by Ga. L. 1964, Ex. Sess.,
p. 26, § 1; Ga. L. 1968, p. 851, § 7; Ga. L. 1968, p. 871, § 12; Code 1933, §
34-1319, as redesignated by Ga. L. 1969, p. 308, § 13; Ga. L. 1983, p. 140, §
1; Ga. L. 1984, p. 133, § 1; Ga. L. 1998, p. 295, § 1; Ga. L. 2001, Ex. Sess.,
p. 325, § 10; Ga. L. 2012, p. 995, §
33/SB 92.
Annotations
Case Notes
JUDICIAL DECISIONS
DECLARATION OF
PUBLIC POLICY. --The directions found in former Code 1933, §§ 34-1314 and
34-1222 (see now O.C.G.A. §§ 21-2-435 and 21-2-438) as to how a voter should
mark a ballot and as to what ballots shall or shall not be counted, though
specifically referring to the paper ballot, are declarations of public policy
by the legislature. Blackburn v. Hall, 115 Ga. App. 235, 154 S.E.2d 392
(1967).
CITED in Rary v.
Guess, 129 Ga. App. 102, 198 S.E.2d 879 (1973).
Research References & Practice Aids
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, §§ 288, 321 et seq.
C.J.S. --
29 C.J.S., Elections, §§ 295 et seq., 340 et seq.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-437
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 11. PREPARATION FOR AND CONDUCT OF
PRIMARIES AND ELECTIONS > PART 2.
PRECINCTS USING PAPER BALLOTS
§ 21-2-437. Procedure as to count and return of votes
generally; void ballots
(a) After
the polls close and as soon as all the ballots have been properly accounted for
and those outside the ballot box as well as the voter's certificates, numbered
list of voters, and electors list have been sealed, the poll officers shall
open the ballot box and take therefrom all ballots contained therein. In
primaries in which more than one ballot box is used, any ballots or stubs
belonging to another party holding its primary in the same polling place shall
be returned to the ballot box for the party for which they were issued. In
primaries, separate tally and return sheets shall be prepared for each party,
and separate poll officers shall be designated by the chief manager to count
and tally each party's ballot. Where the same ballot box is being used by one
or more parties, the ballots and stubs shall first be divided by party before
being tallied and counted. The ballots shall then be counted one by one and a
record made of the total number. Then the chief manager, together with such
assistant managers and other poll officers as the chief manager may designate,
under the scrutiny of one of the assistant managers and in the presence of the
other poll officers, shall read aloud the names of the candidates marked or
written upon each ballot, together with the office for which the person named
is a candidate, and the answers contained on the ballots to the questions
submitted, if any; and the other assistant manager and clerks shall carefully
enter each vote as read and keep account of the same in ink on a sufficient
number of tally papers, all of which shall be made at the same time. All
ballots, after being removed from the box, shall be kept within the
unobstructed view of all persons in the voting room until replaced in the box.
No person, while handling the ballots, shall have in his or her hand any
pencil, pen, stamp, or other means of marking or spoiling any ballot. The poll
officers shall immediately proceed to canvass and compute the votes cast and
shall not adjourn or postpone the canvass or computation until it shall have
been fully completed, except that, in the discretion of the superintendent, the
poll officers may stop the counting after all contested races and questions are
counted, provided that the results of these contested races and questions are
posted for the information of the public outside the polling place and the
ballots are returned to the ballot box and deposited with the superintendent
until counting is resumed on the following day.
(b) When
the vote cast for the different persons named upon the ballots and upon the
questions, if any, appearing thereon, shall have been fully recorded in the
tally papers and counted, the poll officers shall duly certify to the number of
votes cast for each person and question and shall prepare in ink a sufficient
number of general returns. The general returns shall show, in addition to the
entries made thereon as aforesaid, the total number of ballots received from
the superintendent, the number of ballots cast, the number of ballots declared
void, the number of ballots spoiled and canceled, and any blank ballots cast,
as well as the votes cast for each candidate. At elections, the number of votes
cast for each candidate by each political party or body of which such candidate
is a nominee shall be separately stated.
(c) In
returning any votes cast for any person whose name is not printed on the
ballot, the poll officers shall record any such names exactly as they were
written on the ballot.
(d) Any
ballot marked so as to identify the voter shall be void and not counted, except
a ballot cast by a challenged elector whose name appears on the electors list;
such challenged vote shall be counted as prima facie valid but may be voided in
the event of an election contest. Any ballot marked by anything but pen or
pencil shall be void and not counted. Any erasure, mutilation, or defect in the
vote for any candidate shall render void the vote for such candidate but shall
not invalidate the votes cast on the remainder of the ballot, if otherwise
properly marked. If an elector shall mark his or her ballot for more persons
for any nomination or office than there are candidates to be voted for such nomination
or office, or if, for any reason, it may be impossible to determine his or her
choice for any nomination or office, his or her ballot shall not be counted for
such nomination or office; but the ballot shall be counted for all nominations
or offices for which it is properly marked. Unmarked ballots or ballots
improperly or defectively marked so that the whole ballot is void shall be set
aside and shall be preserved with other ballots. In primaries, votes cast for
candidates who have died, withdrawn, or been disqualified shall be void and
shall not be counted. In elections, votes for candidates who have died or been
disqualified shall be void and shall not be counted.
(e) Any
ballot marked by any other mark than a cross (X) or check ([checkmark]) mark in
the spaces provided for that purpose shall be void and not counted; provided,
however, that no vote recorded thereon shall be declared void because a cross
(X) or check ([checkmark]) mark thereon is irregular in form. Notwithstanding
any other provisions of this chapter to the contrary, if the voter has marked
his or her ballot in such a manner that he or she has indicated clearly and
without question the candidate which he or she desires to receive his or her
vote, his or her ballot shall be counted and such candidate shall receive his
vote.
(f) At
elections, a ballot indicating a write-in vote for any person whose name is not
printed on the ballot and who properly gave notice of intent to run as a
write-in candidate pursuant to Code Section 21-2-133 shall be counted as a vote
for such person, if written in the proper space or spaces provided for that
purpose, whether or not a cross (X) or check ([checkmark]) mark is placed
before the name of such person.
History
Orig.
Code 1863, § 1234; Code 1868, § 1315; Code 1873, § 1288; Code 1882, § 1288;
Civil Code 1895, § 72; Civil Code 1910, § 82; Code 1933, § 34-1303; Code 1933,
§ 34-1321, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1965, p. 656,
§ 1; Code 1933, § 34-1322, as redesignated by Ga. L. 1969, p. 308, § 22; Ga. L.
1970, p. 347, § 24; Ga. L. 1998, p. 295, § 1; Ga. L. 2001, Ex. Sess., p. 311, §
2; Ga. L. 2001, Ex. Sess., p. 325, § 11.
Annotations
Case Notes
JUDICIAL DECISIONS
CITED in Rary v.
Guess, 129 Ga. App. 102, 198 S.E.2d 879 (1973).
Research References & Practice Aids
ADMINISTRATIVE RULES AND
REGULATIONS. --
Spoiled ballot definition, Official Compilation of the Rules
and Regulations of the State of Georgia, Georgia Election Code, Absentee
Voting, § 183-1-14-.07.
OPINIONS OF THE ATTORNEY
GENERAL
FORMER CODE 1933, §
34-1303 (SEE NOW O.C.G.A. § 21-2-437) WAS NOT IN CONFLICT WITH FORMER CODE
1933, § 34-1008 (SEE NOW O.C.G.A. § 21-2-152) since that section provided for
primaries to be conducted like general elections "insofar as
practicable," thus allowing for those instances when the general election
and primary procedure must differ. 1970 Op. Att'y Gen. No. U70-100.
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, § 358.
C.J.S. --
29 C.J.S., Elections, § 382 et seq.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-432
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 11. PREPARATION FOR AND CONDUCT OF PRIMARIES AND ELECTIONS > PART 2. PRECINCTS USING PAPER BALLOTS
§ 21-2-432. Voter's certificate binder as constituting
official list of electors; separate preservation and disposition of refused
applications
After
each elector has been admitted to vote, his or her voter's certificate shall be
inserted in the binder provided therefor by the registrars, and known as the
"voter's certificate binder," and such voter's certificates so bound
shall constitute the official list of electors voting at such primary or
election. All voter's certificates prepared by persons applying to vote whose
applications to vote are refused by the poll officers shall be separately
preserved and returned to the superintendent with the other papers.
History
Ga. L. 1941, p. 429, § 1; Code 1933, § 34-1311, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Code 1933, § 34-1317, as redesignated by Ga. L. 1969, p. 308, § 9; Ga. L. 1998, p. 295, § 1.
Annotations
Case Notes
JUDICIAL DECISIONS
CITED in Rary v. Guess, 129 Ga. App. 102, 198 S.E.2d 879 (1973).
Research References & Practice Aids
C.J.S. --
29 C.J.S., Elections, § 75.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-433
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 11. PREPARATION FOR AND CONDUCT OF
PRIMARIES AND ELECTIONS > PART 2.
PRECINCTS USING PAPER BALLOTS
§ 21-2-433. Admission of electors to enclosed space;
detachment of ballots from stubs and distribution of ballots to electors;
return of canceled ballots to superintendent
(a) No
elector shall enter the enclosed space behind the guardrail provided for in
subsection (a) of Code Section 21-2-267 until he or she is found entitled to
vote.
(b) As
soon as an elector has been admitted within the enclosed space, the poll
officer having charge of the ballots in precincts in which ballots are used
shall detach a ballot from the stub and give it to the elector, first folding
it so that the words and figures printed on the face shall not be visible, and
no ballots shall be deposited in the ballot box unless folded in the same
manner. If an elector's right to vote has been challenged for cause under Code
Section 21-2-230, the elector shall be entitled to vote a challenged ballot.
Not more than one ballot shall be detached from its stub in any book of ballots
at any one time. Not more than one ballot shall be given to an elector; but, if
an elector inadvertently spoils a ballot, such elector may obtain another upon
returning the spoiled one. The ballots thus returned shall be immediately canceled
and at the close of the polls shall be enclosed in an envelope, which shall be
sealed and returned to the superintendent.
History
Ga.
L. 1922, p. 97, § 4; Code 1933, § 34-1905; Ga. L. 1943, p. 290, § 1; Code 1933,
§ 34-1313, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Code 1933, § 34-1318,
as redesignated by Ga. L. 1969, p. 308, § 12; Ga. L. 1983, p. 140, § 1; Ga. L.
1994, p. 1443, § 7; Ga. L. 1998, p. 295, § 1;
Ga. L. 2012, p. 995, § 32/SB 92.
Annotations
Case Notes
JUDICIAL DECISIONS
CITED in Rary v.
Guess, 129 Ga. App. 102, 198 S.E.2d 879 (1973).
Research References & Practice Aids
ADMINISTRATIVE RULES AND
REGULATIONS. --
Spoiled ballot definition, Official Compilation of the Rules
and Regulations of the State of Georgia, Georgia Election Code, Absentee
Voting, § 183-1-14-.07.
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, §§ 284 et seq., 312, 328.
C.J.S. --
29 C.J.S., Elections, §§ 339, 340, 344.
ALR. --
Challenges to write-in ballots and certification of write-in
candidates, 75 A.L.R.6th 311.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-434
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 11. PREPARATION FOR AND CONDUCT OF PRIMARIES AND ELECTIONS > PART 2. PRECINCTS USING PAPER BALLOTS
§ 21-2-434. Restrictions as to removal of ballots from book
or polling place; deposit of official ballots in box; disposition of unofficial
ballots
No
official ballot shall be taken or detached from its stub in any book of
ballots, except by a poll officer when a person desiring to vote has been found
to be an elector entitled to vote. Not more than one ballot shall be removed at
any one time or given to an elector, except in the case of a spoiled ballot as
provided by this article. No person other than the poll officers shall take or
remove any ballot from the polling place. Only official ballots shall be deposited
in the ballot box and counted, except as otherwise provided in this article. If
any ballot appears to have been obtained otherwise than from the superintendent
as provided by this article, the same shall not be counted; and the chief
manager shall transmit such ballot to the district attorney without delay,
together with whatever information he or she may have regarding the same.
History
Code 1933, § 34-1318, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Code 1933, § 34-1320, as redesignated by Ga. L. 1969, p. 308, § 19; Ga. L. 1998, p. 295, § 1.
Annotations
Case Notes
JUDICIAL DECISIONS
CITED in Rary v. Guess, 129 Ga. App. 102, 198 S.E.2d 879 (1973).
Research References & Practice Aids
ADMINISTRATIVE RULES AND REGULATIONS. --
Spoiled ballot definition, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Election Code, Absentee Voting, § 183-1-14-.07.
AM. JUR. 2D. --
25 Am. Jur. 2d, Elections, § 176. 26 Am. Jur. 2d, Elections, §§ 288, 318.
C.J.S. --
29 C.J.S., Elections, §§ 340, 341.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-436
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 11. PREPARATION FOR AND CONDUCT OF PRIMARIES AND ELECTIONS > PART 2. PRECINCTS USING PAPER BALLOTS
§ 21-2-436. Duties of poll officers after the close of the
polls
After
the polls are closed and the last elector has voted in precincts in which
ballots are used, at least two poll officers shall remain within the enclosed
space. Before the ballot box is opened, the number of ballots issued to
electors, as shown by the stubs, and the number of ballots, if any, spoiled and
returned by electors and canceled, shall be announced to all present in the
voting room and entered upon the general returns of votes cast at such primary
or election. The poll officer shall then compare the number of electors voting
as shown by the stubs with the number of names shown as voting by the electors
list, voter's certificates, and the numbered list of voters, and shall announce
the result, and shall enter on the general returns the number of electors who
have voted, as shown by the voter's certificates. If any differences exist,
they shall be reconciled, if possible; otherwise, they shall be noted on the
general returns. The electors list, the voter's certificates, the numbered list
of voters, and the stubs of all ballots used, together with all unused ballots,
all spoiled and canceled ballots, and all rejected voter's certificates, shall
then be placed in separate packages, containers, or envelopes and sealed before
the ballot box is opened.
History
Code 1933, § 34-1320, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Code 1933, § 34-1321, as redesignated by Ga. L. 1969, p. 308, § 21; Ga. L. 1978, p. 1004, § 27; Ga. L. 1983, p. 140, § 1; Ga. L. 1984, p. 133, § 1; Ga. L. 1998, p. 295, § 1.
Annotations
Case Notes
JUDICIAL DECISIONS
CITED in Rary v. Guess, 129 Ga. App. 102, 198 S.E.2d 879 (1973).
Research References & Practice Aids
CROSS REFERENCES. --
Interfering with poll officers, § 21-2-569.
ADMINISTRATIVE RULES AND REGULATIONS. --
Spoiled ballot definition, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Election Code, Absentee Voting, § 183-1-14-.07.
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, §§ 358, 362, 364, 373.
C.J.S. --
29 C.J.S., Elections, § 383 et seq.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-439
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 11. PREPARATION FOR AND CONDUCT OF PRIMARIES AND ELECTIONS > PART 2. PRECINCTS USING PAPER BALLOTS
§ 21-2-439. Decisions concerning questionable marks or
defaced or mutilated ballots
Decisions
concerning questionable marks on ballots or defacing or mutilation of ballots
and the count to be recorded thereon shall be made by the assistant managers;
and, if they disagree, the chief manager shall make the decision.
History
Code 1933, § 34-1323, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Code 1933, § 34-1325, as redesignated by Ga. L. 1969, p. 308, § 25; Ga. L. 1998, p. 295, § 1.
Annotations
Case Notes
JUDICIAL DECISIONS
CITED in Rary v. Guess, 129 Ga. App. 102, 198 S.E.2d 879 (1973).
Research References & Practice Aids
ADMINISTRATIVE RULES AND REGULATIONS. --
Definition of vote, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Election Code, Returns of Primaries and Elections, § 183-1-15-.02.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-440
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 11. PREPARATION FOR AND CONDUCT OF
PRIMARIES AND ELECTIONS > PART 2.
PRECINCTS USING PAPER BALLOTS
§ 21-2-440. Duty of poll officers to sign general returns;
posting of copy of returns; delivery of copy of materials to superintendent
(a) Immediately
after the vote has been counted in precincts in which paper ballots are used,
all of the general returns shall be signed by the poll officers. If any poll
officer shall refuse to sign or certify the general returns, he or she shall
write his or her reasons therefor upon the general return sheets. One of such
returns shall be immediately posted for the information of the public outside
the polling place or place of tabulation, one of such returns shall be returned
sealed to the superintendent in an envelope prepared for the Secretary of State
or the city clerk, and one shall be entrusted to the chief manager for delivery
to the superintendent with the package of unused ballots and other election
supplies in an envelope provided for that purpose. The poll officer shall then
replace all the ballots cast, so counted and canvassed, in the ballot boxes,
including those declared void, spoiled, and canceled, together with the voter's
certificates, one set of the tally papers, one general return sheet, one
numbered list of voters, sealed as provided in this subsection, and one oath of
each poll officer, and lock and seal each ballot box so that nothing can be
inserted therein until it is opened again; and the chief manager and an
assistant manager shall immediately deliver the ballot boxes to the custody of
the superintendent. The superintendent shall not compute any returns from any
precinct until the ballot boxes therefor, as well as the package of unused
ballots and other election supplies therefrom, are so delivered.
(b) The
tally papers, affidavits of voters and others, including oaths of poll
officers, and one general return sheet shall be placed in separate envelopes to
be provided for that purpose and sealed as soon as the count is finally
completed. All of such envelopes and one numbered list of voters, previously
sealed as provided in subsection (a) of this Code section, shall be entrusted
to the chief manager to be delivered immediately to the superintendent.
(c) Immediately
upon completion of the count and tabulation of the votes cast, the electors
list shall be sealed and returned by the chief manager to the superintendent,
who shall transmit it to the registrars.
History
Orig.
Code 1863, § 1234; Code 1868, § 1315; Code 1873, § 1288; Code 1882, § 1288;
Civil Code 1895, § 72; Civil Code 1910, § 82; Code 1933, § 34-1303; Code 1933,
§ 34-1324, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Code 1933, § 34-1326,
as redesignated by Ga. L. 1969, p. 308, § 26; Ga. L. 1970, p. 347, § 25; Ga. L.
1978, p. 1004, § 28; Ga. L. 1982, p. 1512, § 5; Ga. L. 1986, p. 32, § 1; Ga. L.
1987, p. 34, § 1; Ga. L. 1998, p. 295, § 1.
Annotations
Case Notes
JUDICIAL DECISIONS
CITED in Rary v.
Guess, 129 Ga. App. 102, 198 S.E.2d 879 (1973).
Research References & Practice Aids
ADMINISTRATIVE RULES AND
REGULATIONS. --
Spoiled ballot definition, Official Compilation of the Rules
and Regulations of the State of Georgia, Georgia Election Code, Absentee
Voting, § 183-1-14-.07.
OPINIONS OF THE ATTORNEY
GENERAL
VOTES FOR A
CANDIDATE WHO HAS INDICATED A WISH TO WITHDRAW MUST BE COUNTED. 1965-66 Op.
Att'y Gen. No. 66-243.
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, § 365.
C.J.S. --
29 C.J.S., Elections, § 395 et seq.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-451
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 11. PREPARATION FOR AND CONDUCT OF
PRIMARIES AND ELECTIONS > PART 3.
PRECINCTS USING VOTING MACHINES
§ 21-2-451. Execution of voter's certificate; procedure upon
qualification of elector; elector unable to sign name; voting outside of
precinct of residence; registration prerequisite to voting
(a) At
every primary and election, each elector who desires to vote shall first
execute a voter's certificate and hand the same to the poll officer in charge
of the electors list. When an elector has been found entitled to vote, the poll
officer who examined his or her voter's certificate shall sign his or her name
or initials on the voter's certificate and shall, if the voter's signature is
not readily legible, print such voter's name under his or her signature. As
each elector is found to be qualified and votes, the poll officers shall check
off the elector's name on the electors list and shall enter the number of the
stub of the ballot issued to him or her, or his or her number in the order of
admission to the voting machines, on the voter's certificate of such elector.
As each elector votes, his or her name in the order of voting shall be recorded
in the numbered list of voters provided for that purpose.
(b) If
any elector was unable to sign his or her name at the time of registration or,
if having been able to sign his or her name when registered, he or she
subsequently shall have become, through physical disability, unable to sign his
or her name when he or she applies to vote, he or she shall establish his or
her identity to the satisfaction of the poll officers; and in such case he or
she shall not be required to sign a voter's certificate, but a certificate
shall be prepared for him or her by a poll officer.
(c) Except
as provided in Code Sections 21-2-218 and 21-2-386, no person shall vote at any
primary or election at any polling place outside the precinct in which such
person resides, nor shall such person vote in the precinct in which such person
resides unless such person has been registered as an elector and such person's
name appears on the electors list of such precinct.
History
Code
1933, § 34-1310, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Code 1933, §
34-1328, as redesignated by Ga. L. 1969, p. 308, § 7; Ga. L. 1982, p. 1512, §
5; Ga. L. 1994, p. 1443, § 8; Ga. L. 1998, p. 295, § 1; Ga. L. 2006, p. 888, § 8/HB 1435.
Annotations
Case Notes
JUDICIAL DECISIONS
CITED in Rary v.
Guess, 129 Ga. App. 102, 198 S.E.2d 879 (1973); Taggart v. Phillips, 242 Ga.
484, 249 S.E.2d 268 (1978).
Research References & Practice Aids
CROSS REFERENCES. --
Penalty for voting by unqualified elector, § 21-2-571.
OPINIONS OF THE ATTORNEY
GENERAL
ALL POLLING PLACES
MUST BE OPEN. --Where a political party holds a primary in a county, the
polling place in each and every election district (now precinct) must be
opened. 1968 Op. Att'y Gen. No. 68-261.
INTENT OF RESIDENCE
REQUIREMENT. --The General Assembly intended that no person could validly cast
a ballot in the election district (now precinct) in which the person resides
unless the person is registered in the district. 1968 Op. Att'y Gen. No.
68-220.
REQUIREMENT OF
VOTING IN PRECINCT OF RESIDENCE. --The fact that this section required persons
to vote only in the election district (now precinct) in which they reside
should be construed to mean residence in that election district (now precinct)
which the elector departed and to which the elector intends to return. 1968 Op.
Att'y Gen. No. 68-367.
BUSINESS ADDRESS, IN
AND OF ITSELF, does not fulfill the residency requirements of this section and
an otherwise qualified elector may vote in the election district (now precinct)
containing the elector's business address only when the district (now precinct)
also contains the elector's residence. 1968 Op. Att'y Gen. No. 68-293.
ABSENTEE AND REGULAR
ELECTORS TO BE TREATED SIMILARLY. --In deciding upon the proper method for
determining whether persons have voted within the past three years, it is
important that absentee electors and regular electors be treated as similarly
as possible despite the varying procedures. 1974 Op. Att'y Gen. No.
74-133.
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, § 312.
C.J.S. --
29 C.J.S., Elections, §§ 70, 73, 75, 328.
Hierarchy Notes:
Title Note
Hierarchy Notes:
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Hierarchy Notes:
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OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-450
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 11. PREPARATION FOR AND CONDUCT OF PRIMARIES
AND ELECTIONS > PART 3.
PRECINCTS USING VOTING MACHINES
§ 21-2-450. Opening of polls; procedure when ballot labels
misplaced; certification by managers; machines to be locked until polls open;
officers to be near machines; inspection of machines; broken machines
(a)
(1) In
the precincts in which voting machines are used, the seals of the package
furnished by the superintendent shall be publicly broken at the opening of the
polls and such package shall be opened by the chief manager. One card of
instructions, one notice of penalties, one voting rights poster, and not less
than two diagrams of the face of the machine shall be immediately posted in or
about the voting room outside the enclosed space; and such cards, notices of
penalties, and voting rights posters shall be given to any elector at his or
her request, so long as there are any on hand.
(2) The
managers, before opening the envelope containing the keys which unlock the
operating mechanism and registering counters or counter compartment of the
voting machine, shall examine the number of the seal on the machine and the
number registered on the protective counter or device and shall see whether
they are the same as the numbers written on the envelope containing the keys.
If either number shall be found not to agree, the envelope shall remain
unopened until the poll officers shall have notified the proper custodian of
voting machines or the superintendent and until the custodian or some other
person authorized by the superintendent shall have presented himself or herself
at the polling place for the purpose of reexamining the machine and shall have
certified that it is properly arranged. But, if the numbers on the seal and the
protective counter or device shall both be found to agree with the numbers on
the envelope, the envelope shall be opened, and where the voting machine
provided is not equipped with a mechanism for printing paper proof sheets, the
poll officers shall examine the registering counters and, for that purpose,
shall open the doors concealing such counter, if the construction of the voting
machine shall so require; and, before the polls are opened, each manager shall
carefully examine every counter and shall see that it registers zero. When the
voting machine provided is equipped with a mechanism for printing paper proof
sheets and requires the simultaneous use of three keys to unlock the
registering counters or counter compartment, the chief manager shall deliver
one of the two keys to an assistant manager, to be retained by him or her, and
shall then print at least two proof sheets, one of which each manager shall
carefully examine to ascertain whether every counter registers zero and shall
then preserve such proof sheets to be signed by them and returned to the
superintendent, with the duplicate return sheet, and shall sign and post the
other proof sheet upon the wall of the polling place, where it shall remain
until the polls are closed. The key delivered by the chief manager to such
assistant manager, as provided in this paragraph, shall be retained by him or
her until the polls have been closed; and the voting and counting mechanism of
the machine shall have been locked and sealed against voting and shall then be
returned to the chief manager, for return by him or her to the superintendent,
as provided in this part.
(b) If
the ballot labels containing the names of officers, political parties and
bodies, candidates, and questions shall not be in their proper places on the
voting machine, the poll officers shall immediately notify the proper custodian
of voting machines or the superintendent, and the machine shall not be used
until the custodian or some other person authorized by the superintendent shall
have supplied ballot labels as provided in this subsection. If the ballot
labels for a voting machine shall not be delivered at the time required or, if
after delivery, they shall be lost, destroyed, or stolen, the superintendent or
custodian shall cause other ballot labels to be prepared, printed, or written,
as nearly in the form of the official ballot labels as practicable, and shall
cause such ballot labels to be used in the same manner, as nearly as may be, as
the official ballot labels would have been used.
(c) The
managers shall sign a certificate showing:
(1) The
identifying number or other designation of the voting machine;
(2) The
delivery of the keys in a sealed envelope;
(3) The
number on the seal upon the machine;
(4) The
number registered on the protective counter or device;
(5) That all the counters were set at
zero; and
(6) That the ballot labels are properly
placed in the machine,
which certificate shall be returned by the
chief manager to the superintendent with the other certificates, as provided in
this part.
(d) The
machine shall remain locked against voting until the polls are opened and shall
not be operated except by electors in voting. If any counter is found not to
register zero, the poll officers shall immediately notify the custodian or the
superintendent, who shall, if practicable, adjust or cause the counters to be
adjusted at zero; but, if it shall be found impracticable for the custodian or
other person authorized by the superintendent to arrive in time so as to adjust
such counters before the time set for opening the polls, the poll officers
shall immediately make a written record of the designation or designating
letter or number of such counter, together with the number registered thereon
(called the initial number below) and shall sign and post the same upon the
wall of the polling place, where it shall remain until the polls are closed;
provided, however, that if the voting machine used is equipped with a mechanism
for printing paper proof sheets, in any case where any counter is shown by such
proof sheet not to register zero, if it shall be found impracticable to have
such counter adjusted before the time set for opening the polls, the poll
officer shall sign such printed proof sheet and post the same upon the wall of
the polling place where it shall remain until the polls are closed; and, in
filling out the returns of the election, if the final number of such counter is
greater than the initial number, the poll officers shall subtract the initial
number from the final number and enter the difference on the returns as the
vote for the candidate or on the question represented by such counter; if the
final number of such counter is less than the initial number, the poll officers
shall add 1,000 to the final number, shall subtract the initial number from the
sum so ascertained, and shall enter upon the returns as the vote for the
candidate or on the question represented by such counter the final plus 1,000
less the initial number.
(e) The
exterior of the voting machine and every part of the polling place shall be in
plain view of the poll officers. The voting machine shall be located at the
polling place, at least six feet back of the guardrail or barrier, in such a
position that, unless its construction shall require otherwise, the ballot
labels on the face of the machine can be seen plainly by the poll officers when
the machine is not occupied by an elector.
(f) The
poll officers shall not themselves be, nor allow any other person to be, in any
position that will permit anyone to see or ascertain how an elector votes or
how he or she has voted. A poll officer shall inspect the face of the machine
at least once every hour during the time when the polls are open to see that
the ballot labels are in their proper places and that the machine has not been
damaged or tampered with.
(g) If
during the primary or election a voting machine becomes inoperative in such
manner that it cannot be readily repaired without exposing the count on the
candidate counters, the poll officer shall immediately lock and seal the
operating lever or mechanism of the machine so that the voting and counting
mechanism will be prevented from operation. Upon the close of the polls, the
poll officers shall perform their duties set forth in Code Sections 21-2-454
through 21-2-457 with respect to such machine. If necessary, because of the
lack of another machine or other machines for use by the electors, after a
voting machine becomes inoperative, paper ballots shall be used.
History
Code
1933, § 34-1327, enacted by Ga. L. 1969, p. 308, § 30; Ga. L. 1977, p. 1053, §
9; Ga. L. 1978, p. 1004, § 29; Ga. L. 1983, p. 140, § 1; Ga. L. 1986, p. 32, §
1; Ga. L. 1987, p. 34, § 1; Ga. L. 1998, p. 295, § 1; Ga. L. 2005, p. 253, § 62/HB 244; Ga. L. 2006, p. 69, § 1/SB 467.
Annotations
Case Notes
JUDICIAL DECISIONS
VOTER'S RIGHT OF
SECRECY FOR WHOM THE VOTER CAST A BALLOT IS INVIOLATE. Taggart v. Phillips, 242
Ga. 454, 249 S.E.2d 245 (1978).
TO CAST DOUBT ON AN
ELECTION, it is only necessary to show: (1) that electors voted in the
particular contest being challenged, and (2) a sufficient number of them were
not qualified to vote so as to cast doubt on the election. Taggart v. Phillips,
242 Ga. 454, 249 S.E.2d 245 (1978).
Doubt may also be
cast on an election by showing improper maintenance of the voting machines
resulting in votes being miscast. Taggart v. Phillips, 242 Ga. 454, 249 S.E.2d
245 (1978).
NUMBER OF VOTES
NECESSARY TO CAST DOUBT. --It must be shown that a sufficient number of
electors voted illegally or were irregularly recorded in the contest being
challenged to change or cast doubt on the election. Taggart v. Phillips, 242
Ga. 454, 249 S.E.2d 245 (1978).
CITED in Rary v.
Guess, 129 Ga. App. 102, 198 S.E.2d 879 (1973).
Research References & Practice Aids
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
Hierarchy Notes:
Part Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-452
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 11. PREPARATION FOR AND CONDUCT OF
PRIMARIES AND ELECTIONS > PART 3.
PRECINCTS USING VOTING MACHINES
§ 21-2-452. Admission of electors to enclosed space; voting
procedure generally; procedure as to write-in votes; voting by electors
whoseright to vote is challenged; disabled voters
(a) No
elector shall enter the enclosed space behind the guardrail provided for in
subsection (a) of Code Section 21-2-267 until he or she is found entitled to
vote, after which he or she shall be admitted to the voting machine booth as
soon as it is vacant and shall be permitted to vote.
(b) At
primaries, before an elector is admitted to the voting machine, it shall be
adjusted by the poll officer in charge thereof so that such elector will only
be able to vote for the candidates of the party in whose primary he or she is
then participating.
(c) At
primaries or elections, an elector shall vote for each candidate individually
by operating the key, handle, pointer, or knob upon or adjacent to which the
name of such candidate is placed. In the case of a question submitted to the
vote of the electors, the elector shall operate the key, handle, pointer, or
knob corresponding to the answer which he or she desires to give.
(d) An
elector may, at any election, vote for any person for any office, for which office
his or her name does not appear upon the voting machine as a candidate, by a
write-in ballot containing the name of such person, such ballot to be
deposited, written, or affixed (but not by the use of a sticker or paster) in
or upon the appropriate receptacle or device provided in or on the machine for
that purpose, and in no other manner. Where two or more persons are to be
elected to the same office and the names of such candidates are placed upon or
adjacent to a single key, handle, pointer, or knob, and the voting machine
requires that all write-in ballots voted for that office be deposited, written,
or affixed in or upon a single receptacle or device, an elector may vote in or
by such receptacle or device for one or more persons whose names do not appear
upon the machine, with or without the name of one or more persons whose names
do so appear. With these exceptions, no write-in ballot shall be cast on a
voting machine for any person for any office if the person's name appears on
the machine as a candidate for that office, and any ballot so cast shall be
void and not counted. No elector shall be permitted to cast a write-in ballot
in a municipal primary.
(e) At
any general election at which presidential electors are to be chosen, each
elector shall be permitted to vote by one operation for all the presidential
electors of a political party or body. For each party or body nominating
presidential electors, a ballot label shall be provided containing only the
words "Presidential Electors," preceded by the name of the party or
body and followed by the names of the candidates thereof for the office of
President and Vice President, and the corresponding counter or registering
device shall register votes cast for such presidential electors when thus voted
for collectively. If an elector desires to vote a ticket for presidential
electors made up of the names of persons nominated by different parties or
bodies, or partially of names of persons so in nomination and partially of
names of persons not in nomination by any party or body, or wholly of names of
persons not in nomination by any party or body, he or she may write or deposit
a paper ballot prepared by himself or herself in the receptacle provided in or
on the machine for the purpose. The machine shall be so constructed that it
will not be possible for any one elector to vote a straight party or body
ticket for presidential electors and at the same time to deposit a ballot for
presidential electors in such receptacle. When the votes for presidential electors
are counted, the votes appearing upon the counter or registering device
corresponding to the ballot label containing the names of the candidates for
President and Vice President of any party or body shall be counted as votes for
each of the candidates for presidential elector of such party or body; and
thereupon all candidates for presidential elector shall be credited, in
addition, with the votes cast for them upon the ballots deposited in the
machine, as provided in this Code section.
(f) As
soon as the elector has adjusted the voting machine so that it will record his
or her choice for the various candidates to be voted for and his or her answers
to the various questions are submitted, he or she shall operate the recording
mechanism and immediately leave the voting machine booth.
(g) If
an elector's right to vote has been challenged pursuant to Code Section
21-2-230, the elector shall not be permitted to vote on the voting machine but
shall vote by ballot in the manner prescribed by this chapter.
(h) The
superintendent shall make paper ballots available for disabled electors who,
due to their disability, are unable to vote on a voting machine. Absentee
ballots may be used for this purpose. The superintendent shall provide
sufficient accommodations to permit such disabled elector to vote in private.
History
Code
1933, § 34-1315, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1968, p.
851, § 8; Code 1933, § 34-1330, as redesignated by Ga. L. 1969, p. 308, §§ 14,
14a; Ga. L. 1987, p. 1360, § 18; Ga. L. 1992, p. 56, § 1; Ga. L. 1993, p. 118,
§ 1; Ga. L. 1994, p. 279, § 9; Ga. L. 1994, p. 1443, § 9; Ga. L. 1995, p. 1302,
§§ 13, 14; Ga. L. 1998, p. 295, § 1.
Annotations
Case Notes
JUDICIAL DECISIONS
CITED in Rary v.
Guess, 129 Ga. App. 102, 198 S.E.2d 879 (1973).
Research References & Practice Aids
ADMINISTRATIVE RULES AND
REGULATIONS. --
Use of absentee ballots when voting machines are
inaccessible, Official Compilation of the Rules and Regulations of the State of
Georgia, Georgia Election Code, Voting Machines -- Vote Recorders, §
183-1-12-.10.
OPINIONS OF THE ATTORNEY
GENERAL
BALLOT TO BE COUNTED
IF CLEAR INDICATION OF VOTER'S INTENT. --Poll officers are required to count as
valid ballots any ballot on which an elector has indicated clearly and without
question the candidate for whom the elector desires to cast a vote,
notwithstanding the fact the elector has not marked the ballot in accordance
with the Election Code, except for write-in ballots containing the name of the
candidate inserted by means of a sticker, paster, stamp, or other printed or
written matter. 1976 Op. Att'y Gen. No. U76-45.
STICKERS, PASTERS,
AND STAMPS. --Former Code 1933, § 34-1324 (see now O.C.G.A. § 21-2-438) did not
remove former Code 1933, § 34-1330 (see now O.C.G.A. § 21-2-452) restrictions
on the use of stickers, pasters, and stamps. 1976 Op. Att'y Gen. No.
U76-45.
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, §§ 316, 329 et seq.
C.J.S. --
29 C.J.S., Elections, §§ 305 et seq., 344.
Hierarchy Notes:
Title Note
Hierarchy Notes:
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Hierarchy Notes:
Article Note
Hierarchy Notes:
Part Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. TITLE 21 Chapter 2 Article 11 Part 3
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 11. PREPARATION FOR AND CONDUCT OF PRIMARIES AND ELECTIONS > PART 3. PRECINCTS USING VOTING MACHINES
TITLE 21 Chapter 2 Article 11 Part 3 NOTE
Annotations
Notes
PART NOTES
ADMINISTRATIVE RULES AND REGULATIONS. --Voting Machines--Voting Recorders, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Election Code, Subject 183-1-12.
Research References & Practice Aids
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-454
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 11. PREPARATION FOR AND CONDUCT OF
PRIMARIES AND ELECTIONS > PART 3.
PRECINCTS USING VOTING MACHINES
§ 21-2-454. Duties of poll officers after the close of the
polls
(a) As
soon as the polls are closed and the last elector has voted, the poll officers
shall immediately lock and seal the operating lever or mechanism of the machine
so that the voting and counting mechanism will be prevented from operation, and
they shall then sign a certificate stating:
(1) That
the machine has been locked against voting and sealed;
(2) The
number, as shown on the public counter;
(3) The
number on the seal which they have placed upon the machine;
(4) The
number registered on the protective counter or device; and
(5) The
number or other designation of the voting machine,
which certificate shall be returned by the
chief manager to the superintendent with the other certificates, as provided in
this part.
(b) The
poll officers shall then compare the number, as shown by the public counter of
the machine, with the number of names appearing on the numbered list of voters,
the electors list, and voter's certificates, which shall then be placed in
separate packages, containers, or envelopes and sealed.
History
Code
1933, § 34-1325, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Code 1933, §
34-1331, as redesignated by Ga. L. 1969, p. 308, § 27; Ga. L. 1998, p. 295, §
1.
Annotations
Notes
EDITOR'S NOTES. --
In light of the similarity of the statutory provisions,
opinions under former Code 1933, § 34-1336, are included in the annotations for
this Code section.
Case Notes
JUDICIAL DECISIONS
EDITOR'S NOTES. --In
light of the similarity of the statutory provisions, decisions under former
Code 1933, § 34-1336, are included in the annotations for this Code
section.
PURPOSE OF THE
PROVISION FOR OPENING AND COUNTING BALLOTS AT THE POLLS is to guard against any
change in the ballots or in the number of ballots to be counted in determining
the result, thus protecting the sanctity of the election process, which is a
very important provision of the code requirements. Broome v. Martin, 111 Ga. App.
51, 140 S.E.2d 500 (1965) (decided under former Code 1933, § 34-1336).
CITED in Rary v.
Guess, 129 Ga. App. 102, 198 S.E.2d 879 (1973).
Research References & Practice Aids
CROSS REFERENCES. --
Interfering with poll officers, § 21-2-569.
OPINIONS OF THE ATTORNEY
GENERAL
HAND-COUNTING OF
VOTES ON VOTE RECORDER BALLOTS. --Poll officers may not hand-count votes on
vote recorder ballots prior to their tabulation by machine at appropriate
tabulation center. 1981 Op. Att'y Gen. No. 81-76 (decided under former Code
1933, § 34-1336).
VOTE TABULATION BY
POLL OFFICIALS. --Inference to be drawn from former Code 1933, §§ 34-1337 and
34-1336 (former O.C.G.A. §§ 21-2-472 and 21-2-473) is that, although vote
tabulation by poll officials is allowable in some circumstances, such authority
was consciously exempted where regular vote recorder ballots are concerned.
1981 Op. Att'y Gen. No. 81-76 (decided under former Code 1933, § 34-1336).
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, §§ 358, 362, 364, 373.
Hierarchy Notes:
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Hierarchy Notes:
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Hierarchy Notes:
Part Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-455
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 11. PREPARATION FOR AND CONDUCT OF
PRIMARIES AND ELECTIONS > PART 3.
PRECINCTS USING VOTING MACHINES
§ 21-2-455. Canvass and return of votes
(a) If
the type of voting machine provided shall require the counters to be seen in
order to enable the poll officers to canvass the vote, the poll officers, in
the presence of all persons within the polling place, shall then make visible
the registering counters and, for that purpose, shall unlock and open the
doors, or other covering concealing the same, giving full view of all the
counter numbers. If the voting machine is equipped with a mechanism for
printing paper proof sheets the poll officers shall immediately print not less
than four proof sheets and as many more as may be requested by those present,
to the extent of the machine's capacity. The chief manager and an assistant
manager shall then, under the scrutiny of the other assistant manager, and in the
order of the offices as their titles are arranged on the machine, read from the
counters or from one of the proof sheets, as the case may be, and announce, in
distinct tones, the designation or designating number and letter on each
counter for each candidate's name, the result as shown by the counter numbers,
the votes recorded for each office for persons other than nominated candidates,
and the designation or designating numbers and letters on each counter, and the
results as shown by the counter numbers for and against each question voted on.
The counters shall not be read consecutively along the party or body rows or
columns but shall always be read along the office columns or rows, completing
the canvass for each office or question before proceeding to the next.
(b) The
vote as registered shall be entered by the poll officers, in ink, on duplicate
return sheets and also on a general return sheet and statement, all of which,
after the canvass is completed, shall be signed by the poll officers. If any
poll officer shall refuse to sign or certify the general or duplicate return
sheets or statement, he or she shall write his or her reasons therefor upon
such sheets. The vote for presidential electors shall be computed and returned
as provided in subsection (e) of Code Section 21-2-452. If more than one voting
machine is used in any precinct, the vote registered on each machine shall be
ascertained in like manner and separately entered in appropriate spaces on the
general and duplicate return sheets and statement. The total vote cast for each
candidate and for and against each question shall then be computed and entered
on the general and duplicate return sheets and statement. There shall also be
entered on the general return sheet and statement the number of electors who
have voted, as shown by the numbered list of voters, electors list, and voter's
certificates, and the number on each machine, as shown by the public counters.
The number registered on the protective counter or device on each machine immediately
prior to the opening of the polls and immediately after the closing thereof and
sealing of the machine and the number or other designation of each machine used
shall also be entered thereon. In the case of primaries, duplicate return
sheets shall be prepared as for other elections. The registering counters of
the voting machine or the paper proof sheets, as the case may be, shall remain
exposed to view until the said returns and all other reports have been fully
completed and checked by the poll officers. During such time, anyone who may
desire to be present shall be admitted to the polling place.
(c) The
proclamation of the result of the votes cast shall be announced distinctly and
audibly by the chief manager, who shall read the name of each candidate, the
designation or designating numbers and letters of his or her counters, and the
vote registered on each counter, as well as the vote cast for and against each
question submitted. During such proclamation, ample opportunity shall be given
to any person lawfully present to compare the results so announced with the
counter dials of the machine or with the paper proof sheets, as the case may
be, and any necessary corrections shall then and there be made by the poll
officers, after which the doors or other cover of the voting machine shall be
closed and locked. Any ballots written, deposited, or affixed in or upon the
voting machine shall be enclosed in properly sealed packages and properly
endorsed and shall be delivered by the chief manager as provided in this part.
The chief manager shall promptly deliver to the superintendent or his or her
representative the keys of the voting machine, enclosed in a sealed envelope,
if the construction of the voting machine shall permit their separate return.
Such envelope shall have endorsed thereon a certificate of the poll officers
stating the number of the machine, the precinct where it has been used, the
number on the seal, and the number on the protective counter or device at the
close of the polls.
(d) The
poll officers, on the returns provided for in this Code section, shall record
any votes which have been cast by means of a write-in ballot for a person whose
name is not printed on the ballot labels. In returning any such votes which
have been written, deposited, or affixed upon receptacles or devices provided
for the purpose, the poll officers shall record any such names exactly as they
were written, deposited, or affixed.
History
Code
1933, § 34-1326, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Code 1933, §
34-1332, as redesignated by Ga. L. 1969, p. 308, § 28; Ga. L. 1982, p. 3, § 21;
Ga. L. 1982, p. 1512, § 5; Ga. L. 1986, p. 32, § 1; Ga. L. 1987, p. 34, § 1;
Ga. L. 1997, p. 590, § 36; Ga. L. 1998, p. 295, § 1.
Annotations
Case Notes
JUDICIAL DECISIONS
CITED in Rary v.
Guess, 129 Ga. App. 102, 198 S.E.2d 879 (1973).
Research References & Practice Aids
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, § 367 et seq.
C.J.S. --
29 C.J.S., Elections, §§ 395 et seq., 400 et seq.
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OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-457
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 11. PREPARATION FOR AND CONDUCT OF PRIMARIES AND ELECTIONS > PART 3. PRECINCTS USING VOTING MACHINES
§ 21-2-457. Removal, storage, and examination of voting
machines after completion of vote count
As
soon as possible after the completion of the count in precincts in which voting
machines are used, the superintendent shall have the voting machines removed to
the place of storage provided for in this chapter. The voting machines shall
remain locked against voting for the period of ten days next following each
primary and election, and as much longer as may be necessary or advisable
because of any existing or threatened contest over the result of the primary or
election, with due regard for the date of the next following primary or
election, except that they may be opened and all the data and figures therein
examined under this chapter, by order of any superior court of competent
jurisdiction, or by direction of any legislative committee to investigate and
report upon contested primaries or elections affected by the use of such
machines. Such data and such figures shall be examined by such committee in the
presence of the officer having the custody of such machines.
History
Ga. L. 1959, p. 413, § 1; Code 1933, § 34-1332, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Code 1933, § 34-1334, as redesignated by Ga. L. 1969, p. 308, § 36; Ga. L. 1983, p. 140, § 1; Ga. L. 1998, p. 295, § 1.
Annotations
Case Notes
JUDICIAL DECISIONS
CITED in Rary v. Guess, 129 Ga. App. 102, 198 S.E.2d 879 (1973).
Research References & Practice Aids
OPINIONS OF THE ATTORNEY GENERAL
WRITE-IN VOTE BY VOTE RECORDER consisting of candidate's last name and office the candidate seeks is valid. 1980 Op. Att'y Gen. No. 80-120.
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OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-456
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 11. PREPARATION FOR AND CONDUCT OF
PRIMARIES AND ELECTIONS > PART 3.
PRECINCTS USING VOTING MACHINES
§ 21-2-456. Form of general return sheet, duplicate return
sheets, and statement; posting of vote results; delivery of documents to
superintendent; seal and return of electors list upon completion of vote count
and tabulation
(a) The
general return sheets, duplicate return sheets, and statement shall be printed
to conform with the type of voting machine used and in form approved by the
Secretary of State. The designating number and letter, if any, on the counter
for each candidate shall be printed thereon opposite the candidate's name.
Immediately after the vote has been ascertained, the statement thereof shall be
posted on the door of the polling place. Duplicate return sheets, voter's
certificates, numbered list of voters, oaths of poll officers, and affidavits
of voters and others shall be sealed and given to the chief manager, who shall
deliver them, together with the general return sheet and the package of ballots
deposited, written, or affixed in or upon the voting machine, to the
superintendent. The voter's certificates, rejected voter's certificates, and
oaths of assisted voters shall be sealed in a separate envelope addressed to
the board of registrars and bearing a list of its contents on the outside. This
envelope shall be immediately delivered by the managers into the custody of the
superintendent. If the type of voting machine is equipped with a mechanism for
printing paper proof sheets, one of such proof sheets shall be posted on the
door of the polling place with such statement; one shall be returned with a
precinct return sheet sealed in an envelope prepared for the Secretary of
State; one shall be placed in the envelope and delivered with the general
return sheet; and one shall be sealed in the envelope with the duplicate return
sheets and delivered by the chief manager to the superintendent. The printed
proof sheet returned with the general return sheet and the printed proof sheet
returned with the duplicate return sheet shall each be part of the return of
the primary or election.
(b) Immediately
upon the completion of the count and tabulation of the vote cast, the electors
list shall be sealed and returned immediately by the chief manager to the
superintendent, who shall transmit it to the registrars.
History
Code
1933, § 34-1327, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Code 1933, §
34-1333, as redesignated by Ga. L. 1969, p. 308, § 29; Ga. L. 1970, p. 347, §
26; Ga. L. 1983, p. 140, § 1; Ga. L. 1987, p. 34, § 1; Ga. L. 1998, p. 295, §
1.
Annotations
Case Notes
JUDICIAL DECISIONS
CITED in Rary v.
Guess, 129 Ga. App. 102, 198 S.E.2d 879 (1973).
Research References & Practice Aids
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, § 365.
C.J.S. --
29 C.J.S., Elections, § 398.
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OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-470
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 11. PREPARATION FOR AND CONDUCT OF PRIMARIES AND ELECTIONS > PART 4. PRECINCTS USING VOTE RECORDERS
§§ 21-2-470 through 21-2-473.
Reserved.
Repealed by Ga. L. 2003, p. 517, § 51, effective July 1, 2003.
Annotations
Notes
EDITOR'S NOTES. --
This part consisted of Code Sections 21-2-470 through 21-2-473, relating to precincts using vote recorders, and was based on Code 1933, § 34-1316; Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1968, p. 871, § 12a; Code 1933, § 34-1335, as redesignated by Ga. L. 1969, p. 308, § 16; Ga. L. 1977, p. 1053, § 10; Ga. L. 1983, p. 140, § 1; Ga. L. 1991, p. 599, § 1; Ga. L. 1995, p. 1302, §§ 13, 14; Ga. L. 1998, p. 295, § 1; Code 1933, § 34-1338, enacted by Ga. L. 1969, p. 308, § 38; Ga. L. 1973, p. 175, § 1; Ga. L. 1989, p. 842, § 1; Ga. L. 1998, p. 295, § 1; Ga. L. 1999, p. 52, § 16; Code 1933, § 34-1329, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Code 1933, § 34-1337, as redesignated by Ga. L. 1969, p. 308, § 33; Ga. L. 1978, p. 1004, § 30; Ga. L. 1982, p. 1512, § 5; Ga. L. 1998, p. 295, § 1; Code 1933, § 34-1328, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1968, p. 871, § 14; Code 1933, § 34-1336, as redesignated by Ga. L. 1969, p. 308, § 31; Ga. L. 1982, p. 1512, § 5; Ga. L. 1983, p. 140, § 1; Ga. L. 1989, p. 842, § 2; Ga. L. 1998, p. 295, § 1.
Research References & Practice Aids
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Title Note
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Article Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-453
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 11. PREPARATION FOR AND CONDUCT OF PRIMARIES AND ELECTIONS > PART 3. PRECINCTS USING VOTING MACHINES
§ 21-2-453. Voter's certificate binder as constituting
official list; separate preservation and return of refused applications
After
each elector has been admitted to vote, his or her voter's certificate shall be
inserted in the binder provided therefor and known as the "voter's
certificate binder." Such voter's certificates so bound shall constitute
the official list of electors voting at such primary or election. All voter's
certificates prepared by persons applying to vote whose applications to vote
are refused by the poll officers shall be separately preserved and returned to
the superintendent with the other papers.
History
Ga. L. 1941, p. 429, § 1; Code 1933, § 34-1329, enacted by Ga. L. 1969, p. 308, § 33; Ga. L. 1998, p. 295, § 1.
Annotations
Case Notes
JUDICIAL DECISIONS
CITED in Rary v. Guess, 129 Ga. App. 102, 198 S.E.2d 879 (1973).
Research References & Practice Aids
C.J.S. --
29 C.J.S., Elections, § 75.
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OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-482
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 11. PREPARATION FOR AND CONDUCT OF PRIMARIES AND ELECTIONS > PART 5. PRECINCTS USING OPTICAL SCANNING VOTING EQUIPMENT
§ 21-2-482. Absentee ballots for precincts using optical
scanning voting equipment
Ballots in a precinct using optical scanning voting equipment for voting by absentee electors shall be prepared sufficiently in advance by the superintendent and shall be delivered to the board of registrars as provided in Code Section 21-2-384. Such ballots shall be marked "Official Absentee Ballot" and shall be in substantially the form for ballots required by Article 8 of this chapter, except that in counties or municipalities using voting machines, direct recording electronic (DRE) units, or ballot scanners, the ballots may be in substantially the form for the ballot labels required by Article 9 of this chapter or in such form as will allow the ballot to be machine tabulated. Every such ballot shall have printed on the face thereof the following:
"I understand that the offer or acceptance of money or any other object of value to vote for any particular candidate, list of candidates, issue, or list of issues included in this election constitutes an act of voter fraud and is a felony under Georgia law."
The form for either ballot shall be determined and prescribed by the Secretary of State.
History
Code 1981, § 21-2-482, enacted by Ga. L. 1998, p. 1231, § 41; Ga. L. 2003, p. 517, § 53; Ga. L. 2019, p. 7, § 39/HB 316.
Annotations
Notes
THE 2019 AMENDMENT, effective April 2, 2019, in the introductory paragraph, substituted "for voting by" for "for use by" near the middle of the first sentence, and substituted "or ballot scanners" for "or optical scanners" in the middle of the second sentence.
Research References & Practice Aids
LAW REVIEWS. --
For article on the 2019 amendment of this Code section, see 36 Ga. St. U.L. Rev. 81 (2019).
Hierarchy Notes:
Title Note
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OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-481
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 11. PREPARATION FOR AND CONDUCT OF PRIMARIES AND ELECTIONS > PART 5. PRECINCTS USING OPTICAL SCANNING VOTING EQUIPMENT
§ 21-2-481. Design, size, and stock of ballots
Ballots
in a precinct using optical scanning voting equipment shall be of suitable
design, size, and stock to permit processing by a tabulating machine and shall
be printed in black ink on white or colored material. A serially numbered strip
shall be attached to each ballot to be counted by a central count tabulator.
History
Code 1981, § 21-2-481, enacted by Ga. L. 1998, p. 1231, § 41; Ga. L. 1999, p. 29, § 4.
Annotations
Research References & Practice Aids
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Title Note
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OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. TITLE 21 Chapter 2 Article 11 Part 5
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 11. PREPARATION FOR AND CONDUCT OF PRIMARIES AND ELECTIONS > PART 5. PRECINCTS USING OPTICAL SCANNING VOTING EQUIPMENT
TITLE 21 Chapter 2 Article 11 Part 5 NOTE
Annotations
Research References & Practice Aids
CROSS REFERENCES. --
Optical scanning voting systems, § 21-2-365 et seq.
Hierarchy Notes:
Title Note
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Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-483
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 11. PREPARATION FOR AND CONDUCT OF
PRIMARIES AND ELECTIONS > PART 5.
PRECINCTS USING OPTICAL SCANNING VOTING EQUIPMENT
§ 21-2-483. Counting of ballots; public accessibility to
tabulating center and precincts; execution of ballot recap forms; preparation
of duplicate ballots
(a) In
primaries and elections in which optical scanners are used, the ballots shall
be counted at the precinct or tabulating center under the direction of the
superintendent. All persons who perform any duties at the tabulating center
shall be deputized by the superintendent, and only persons so deputized shall
touch any ballot, container, paper, or machine utilized in the conduct of the
count or be permitted to be inside the area designated for officers deputized
to conduct the count.
(b) All
proceedings at the tabulating center and precincts shall be open to the view of
the public, but no person except one employed and designated for the purpose by
the superintendent or the superintendent's authorized deputy shall touch any
ballot or ballot container.
(c) At
the tabulating center, the seal on each container of ballots shall be
inspected, and it shall be certified that the seal has not been broken before
the container is opened. The ballots and other contents of the container shall
then be removed, and the ballots shall be prepared for processing by the
tabulating machines. The ballots of each polling place shall be plainly
identified and cannot be commingled with the ballots of other polling
places.
(d) Upon
completion of tabulation of the votes, the superintendent shall cause to be
completed and signed a ballot recap form, in sufficient counterparts,
showing:
(1) The
number of valid ballots, including any that are damaged;
(2) The
number of spoiled and invalid ballots; and
(3) The
number of unused ballots.
The superintendent shall cause to be placed
one copy of the recap form and the defective, spoiled, and invalid ballots,
each enclosed in an envelope, in the ballot supply container.
(e) For
any election for which there is a qualified write-in candidate, the feature on
precinct count and central count tabulators allowing separation of write-in
votes shall be utilized. If any vote cast on the write-in ballot in combination
with the vote cast for the same office on the ballot exceeds the allowed number
for the office, the vote cast for that office only shall not be counted. In the
discretion of the superintendent, either a duplicate ballot shall be made on
which any invalid vote shall be omitted or the write-in ballot and the ballot
shall be counted in such manner as may be prescribed by State Election Board
rules, omitting the invalid vote.
(f) If
it appears that a ballot is so torn, bent, or otherwise defective that it
cannot be processed by the tabulating machine, the superintendent, in his or
her discretion, may order the proper election official at the tabulating center
or precinct to prepare a true duplicate copy for processing with the ballots of
the same polling place, which shall be verified in the presence of a witness. All
duplicate ballots shall be clearly labeled by the word "duplicate,"
shall bear the designation of the polling place, and shall be given the same
serial number as the defective ballot. The defective ballot shall be retained.
(g)
(1) The
central tabulator shall be programmed to reject any ballot, including absentee
ballots, on which an overvote is detected and any ballot so rejected shall be
manually reviewed by the vote review panel described in this Code section to
determine the voter's intent as described in subsection (c) of Code Section
21-2-438.
(2) (A)
In a partisan election, the vote review panel shall be composed of the election
superintendent or designee thereof and one person appointed by the county
executive committee of each political party and body having candidates whose
names appear on the ballot for such election, provided that, if there is no
organized county executive committee for a political party or body, the person
shall be appointed by the state executive committee of the political party or
body. In a nonpartisan election, the panel shall be composed of the election
superintendent or designee thereof and two electors of the county, in the case
of a county election, or the municipality, in the case of a municipal election,
appointed by the chief judge of the superior court of the county in which the
election is held or, in the case of a municipality which is located in more
than one county, of the county in which the city hall of the municipality is
located. The panel shall manually review all ballots rejected by the tabulator
under paragraph (1) of this subsection and shall determine by majority vote
whether the elector's intent can be determined as described in subsection (c)
of Code Section 21-2-438 and, if so, said vote shall be counted as the elector
intended. In the event of a tie vote by the vote review panel, the vote of the
election superintendent or designee thereof shall control.
(B) The
election superintendent may create multiple vote review panels in accordance with
subparagraph (A) of this paragraph to handle the processing of such ballots
more efficiently. Upon the creation of such panels, the election superintendent
shall designate one of the panels as the chief vote review panel. In the event
of a disagreement on such additional panels, the ballots in question shall be
reviewed by the chief vote review panel and decided in accordance with the
procedures contained in subparagraph (A) of this paragraph.
(h) The
official returns of the votes cast on ballots at each polling place shall be
printed by the tabulating machine. The returns thus prepared shall be certified
and promptly posted. The ballots, spoiled, defective, and invalid ballots, and
returns shall be filed and retained as provided by law.
History
Code
1981, § 21-2-483, enacted by Ga. L. 1998, p. 1231, § 41; Ga. L. 2003, p. 517, §
54; Ga. L. 2011, p. 683, § 17/SB 82.
Annotations
Research References & Practice Aids
ADMINISTRATIVE RULES AND
REGULATIONS. --
Preparation for and conduct of primaries and elections,
Official Compilation of the Rules and Regulations of the State of Georgia,
Georgia Election Code, Subject 183-1-13.
Spoiled ballot
definition, Official Compilation of the Rules and Regulations of the State of
Georgia, Georgia Election Code, Absentee Voting, § 183-1-14-.07.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
Hierarchy Notes:
Part Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-484
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 11. PREPARATION FOR AND CONDUCT OF
PRIMARIES AND ELECTIONS > PART 5.
PRECINCTS USING OPTICAL SCANNING VOTING EQUIPMENT
§ 21-2-484. Requirements for ballot recap form; delivery
Upon
completion of voting, the manager shall prepare and sign a ballot recap form,
in sufficient counterparts, showing:
(1) The
number of valid ballots, including any that are damaged;
(2) The
number of spoiled and invalid ballots; and
(3) The
number of unused ballots.
The
manager shall then place one copy of the recap form and the defective, spoiled,
and invalid ballots, each enclosed in an envelope, in the ballot container or
in the case of counties using a central count tabulating system, in a separate
envelope container, along with the voted ballots, which shall be sealed by the
manager so that it cannot be opened without breaking the seal. The manager and
one poll officer shall then deliver the ballot container and the envelope container,
if applicable, to the tabulating machine center or other place designated by
the superintendent and shall receive a receipt therefor. The copies of the
recap forms, unused ballots, records, and other materials shall be returned to
the designated location.
History
Code
1981, § 21-2-484, enacted by Ga. L. 1998, p. 1231, § 41; Ga. L. 1999, p. 21, §
1; Ga. L. 1999, p. 29, § 5.
Annotations
Research References & Practice Aids
ADMINISTRATIVE RULES AND
REGULATIONS. --
Spoiled ballot definition, Official Compilation of the Rules
and Regulations of the State of Georgia, Georgia Election Code, Absentee
Voting, § 183-1-14-.07.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
Hierarchy Notes:
Part Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-480
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 11. PREPARATION FOR AND CONDUCT OF
PRIMARIES AND ELECTIONS > PART 5.
PRECINCTS USING OPTICAL SCANNING VOTING EQUIPMENT
§ 21-2-480. Caption for ballots; party designations; form
and arrangement
(a) At
the top of each ballot for an election in a precinct using optical scanning
voting equipment shall be printed in prominent type the words "OFFICIAL
BALLOT," followed by the designation of the precinct for which it is
prepared and the name and date of the election.
(b) Immediately
under this caption on a ballot presenting the names of candidates for election
to office, the following directions shall be printed, insofar as the same may
be appropriate for the election involved:
(1) Optical
scanners using ovals or squares. To vote blacken the oval or square ( =oval
[] ) next to the candidate of your choice. To
vote for a person whose name is not on the ballot, manually write his or her
name in the write-in section and blacken the oval or square next to the
write-in section. If you spoil your ballot, do not erase, but ask for a new
ballot. Use only the pen or pencil provided.
(2) Optical
scanners using arrows. To vote, complete the arrow ( <-- ) to the right of the name of the candidate for
whom you wish to vote. To vote for a person whose name is not on the ballot,
manually write his or her name in the write-in space provided and complete the
arrow. If you spoil your ballot, do not erase, but ask for a new ballot. Use
only the pen or pencil provided.
(3) Marks
made in violation of these directions shall be disregarded in the counting of
the votes cast. The names of the persons inserted on the ballot by the elector
shall be manually written only within the write-in section and the insertion of
such names outside such section or by the use of a sticker, paster, stamp, or
other printed or written matter is prohibited.
(c) The
ballot for each candidate or group of candidates nominated by a party or body
shall contain the name or designation of the party or body.
(d) The
titles of offices may be arranged horizontally with the names of candidates for
an office arranged transversely under the title of the office. The incumbency
of a candidate seeking election for the public office he or she then holds
shall be indicated on the ballot.
(e) The
form and arrangement of ballots shall be prepared by the superintendent.
(f) Unless
a candidate has filed with his or her nominating petition a certificate from a
political party or body attesting that such candidate is the nominee of such
party or body by virtue of having been nominated in a duly constituted party or
body convention, the candidate's name shall appear on the ballot as an
independent.
(g) When
presidential electors are to be elected, the ballot shall not list the
individual names of the candidates for presidential electors but shall list the
names of each political party and body and the names of the political party or
body candidates for the office of President and Vice President. The individual
names or the nominees of each political party or body for such offices shall be
posted at each polling place with the sample ballots required by subsection (c)
of Code Section 21-2-375 arranged alphabetically under the names of the
candidates of the party or body for President and Vice President of the United
States. A vote for the candidates for President and Vice President of a
political party or body shall be deemed to be a vote for each of the candidates
for presidential electors of such political party or body.
(h) When
proposed constitutional amendments or other questions are submitted to a vote
of the electors, each amendment or other question so submitted may be printed
upon the ballot below the groups of candidates for the various offices.
Proposed constitutional amendments so submitted shall be printed in the order
determined by the Constitutional Amendments Publication Board and in brief form
as directed by the General Assembly or, in the event of a failure to so direct,
the form shall be determined by the Secretary of State and shall include the
short title or heading provided for in subsection (c) of Code Section
50-12-101. Unless otherwise provided by law, any other state-wide questions or
questions to be presented to the electors of more than one county so submitted
shall be printed in brief form as directed by the General Assembly or, in the
event of a failure to so direct, the form shall be determined by the Secretary
of State and shall include a short title or heading in bold face at the
beginning of each such question on the ballot; and any local questions so
submitted shall be printed in brief form as directed by the General Assembly
or, in the event of a failure to so direct, the form shall be determined by the
superintendent. Next to the question there shall be placed the words
"YES" and "NO" together with appropriate ovals or squares
or broken arrows to be marked.
(i) The
ballots shall vary in form only as the names of precincts, offices, candidates,
or this chapter may require.
History
Code
1981, § 21-2-480, enacted by Ga. L. 1998, p. 1231, § 41; Ga. L. 1999, p. 21, §
1; Ga. L. 1999, p. 29, § 3; Ga. L. 2001, p. 269, § 23; Ga. L. 2003, p. 517, §
52; Ga. L. 2012, p. 995, § 34/SB 92.
Annotations
Research References & Practice Aids
ADMINISTRATIVE RULES AND
REGULATIONS. --
Spoiled absentee ballots, Official Compilation of the Rules
and Regulations of the State of Georgia, Georgia Election Code, Absentee
Voting, § 183-1-14-.06.
Spoiled ballot
definition, Official Compilation of the Rules and Regulations of the State of
Georgia, Georgia Election Code, Absentee Voting, § 183-1-14-.07.
LAW REVIEWS. --
For note on the 2001 amendment of this Code section, see 18
Ga. St. U. L. Rev. 96 (2001).
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
Hierarchy Notes:
Part Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-486
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 11. PREPARATION FOR AND CONDUCT OF PRIMARIES AND ELECTIONS > PART 5. PRECINCTS USING OPTICAL SCANNING VOTING EQUIPMENT
§ 21-2-486. Votes for write-in candidates
The
superintendent, in computing the votes cast at any election, shall compute and
certify only those write-in votes properly cast for candidates who have given
proper notice of intent to be write-in candidates pursuant to Code Section
21-2-133 exactly as such names were written by the elector.
History
Code 1981, § 21-2-486, enacted by Ga. L. 1998, p. 1231, § 41.
Annotations
Research References & Practice Aids
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OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-485
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 11. PREPARATION FOR AND CONDUCT OF
PRIMARIES AND ELECTIONS > PART 5.
PRECINCTS USING OPTICAL SCANNING VOTING EQUIPMENT
§ 21-2-485. Responsibilities of poll officers
As
soon as the polls are closed and the last elector has voted in precincts in
which optical scanners are used, the poll officers shall:
(1) For
central count optical scan ballots:
(A) Seal the ballot box and deliver the
ballot box to the tabulating center, as designated by the superintendent;
and
(i) Examine the ballots and separate
those ballots containing write-in votes.
(ii) Record in ink the designation of the
polling place and a serial number on all write-in ballots, starting with the
number one, and place the same number on the ballot voted by the same elector,
so that write-in ballots may be identified with the corresponding ballots.
(iii) After the write-in ballots have been
so marked, place the write-in ballots in an envelope marked "Write-in
Ballots" and designate the polling place and the number of write-in
ballots contained therein on such envelope, which shall be sealed and signed by
the managers and placed in the ballot container with the other ballots.
(iv) Place any ballot that is so torn,
bent, or mutilated that it may not be counted by the tabulating machine in an
envelope marked "Defective Ballots" and place the envelope in the
container with other ballots; and
(2) For
precinct count optical scan ballots:
(A) Feed
ballots from the auxiliary compartment of the ballot box, if any, through the
tabulator; and
(B) After
all ballots have been fed through the tabulator the poll officer shall cause
the tabulator to print out a tape with the total votes cast in each election.
History
Code
1981, § 21-2-485, enacted by Ga. L. 1998, p. 1231, § 41.
Annotations
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OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. TITLE 21 Chapter 2 Article 12
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 12. RETURNS
TITLE 21 Chapter 2 Article 12 NOTE
Annotations
Notes
EDITOR'S NOTES. --
In light of the similarity of the statutory provisions, decisions under former Code 1933, Chapter 34-32 are included in the annotations for this article.
Case Notes
JUDICIAL DECISIONS
ONCE A DECISION TO HOLD A PRIMARY IS MADE, STATE STATUTES TAKE HOLD and direct every essential step from registration and qualification of voters to the placing of the names of the nominees on the general election ballot. King v. Chapman, 62 F. Supp. 639 (M.D. Ga. 1945), aff'd, 154 F.2d 460 (5th Cir.), cert. denied, 327 U.S. 800, 66 S. Ct. 905, 90 L. Ed. 1025 (1946) (decided under former Code 1933, Ch. 34-32).
Research References & Practice Aids
ALR. --
Failure to comply with statutory provisions relating to the form or manner in which election returns from voting districts or precincts are to be made, 106 A.L.R. 398.
Power of election officers to withdraw or change their returns, 168 A.L.R. 855.
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OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-490
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 12. RETURNS
§ 21-2-490. Hours of operation of office of superintendent
and chairperson of county board of registrars on primary and election days;
applicability to counties having population of 550,000 or more
(a) Each
superintendent shall cause his or her office to remain open during the entire
duration of each primary and election and after the close of the polls, until
all the ballot boxes and returns have been received in the office of the
superintendent or received in such other place as has been designated by him or
her.
(b) The
chairperson of the county board of registrars shall cause his or her office to
remain open during the entire duration of each primary and election and after
the close of the polls, until completion of the duties of said board. The
provisions of this subsection shall not apply with respect to such offices in
counties of this state having a population of 550,000 or more according to the
United States decennial census of 1970 or any future such census.
History
Code
1933, § 34-1501, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1969, p.
292, § 1; Ga. L. 1970, p. 347, § 28; Ga. L. 1979, p. 765, § 1; Ga. L. 1980, p.
1256, § 5; Ga. L. 1981, p. 535, § 1; Ga. L. 1982, p. 2107, § 24; Ga. L. 1998,
p. 295, § 1.
Annotations
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OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-492
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 12. RETURNS
§ 21-2-492. Computation and canvassing of returns; notice of
when and where returns will be computed and canvassed; blank forms for making
statements of returns; swearing of assistants
The
superintendent shall arrange for the computation and canvassing of the returns
of votes cast at each primary and election at his or her office or at some
other convenient public place at the county seat or municipality with
accommodations for those present insofar as space permits. An interested
candidate or his or her representative shall be permitted to keep or check his
or her own computation of the votes cast in the several precincts as the
returns from the same are read, as directed in this article. The superintendent
shall give at least one week's notice prior to the primary or election by
publishing same in a conspicuous place in the superintendent's office, of the
time and place when and where he or she will commence and hold his or her
sessions for the computation and canvassing of the returns; and he or she shall
keep copies of such notice posted in his or her office during such period. The superintendent
shall procure a sufficient number of blank forms of returns made out in the
proper manner and headed as the nature of the primary or election may require,
for making out full and fair statements of all votes which shall have been cast
within the county or any precinct therein, according to the returns from the
several precincts thereof, for any person voted for therein, or upon any
question voted upon therein. The assistants of the superintendent in the
computation and canvassing of the votes shall be first sworn by the
superintendent to perform their duties impartially and not to read, write,
count, or certify any return or vote in a false or fraudulent manner.
History
Code 1933, § 34-1503, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1969, p. 292, § 1; Ga. L. 1982, p. 1512, § 5; Ga. L. 1983, p. 140, § 1; Ga. L. 1998, p. 295, § 1; Ga. L. 2012, p. 995, § 35/SB 92.
Annotations
Case Notes
JUDICIAL DECISIONS
INTENT OF SECTION. --In O.C.G.A. § 21-2-492 and other statutory provisions, the General Assembly expressed an intent that the public inform itself of the accuracy of the voting process. It would be inconsistent with that intent to permit someone to force a recount under O.C.G.A. § 21-2-524(c) based on the mere speculative belief that an error in counting occurred. Ellis v. Johnson, 263 Ga. 514, 435 S.E.2d 923 (1993).
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OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-491
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 12. RETURNS
§ 21-2-491. Public inspection of unsealed returns at office
of superintendent; opening of sealed envelopes upon order of superintendent or
court
The
general returns from the various precincts which have been returned unsealed
shall be open to public inspection at the office of the superintendent as soon
as they are received from the chief managers. None of the envelopes sealed by
poll officers and entrusted to the chief manager for delivery to the
superintendent shall be opened by any person except by order of the
superintendent or of a court of competent jurisdiction.
History
Code 1933, § 34-1502, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1969, p. 292, § 1; Ga. L. 1983, p. 140, § 1; Ga. L. 1998, p. 295, § 1.
Annotations
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OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-493
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 12. RETURNS
§ 21-2-493. Computation, canvassing, and tabulation of
returns; investigation of discrepancies in vote counts; recount procedure;
certification of returns; change in returns
(a) The
superintendent shall, at or before 12:00 Noon on the day following the primary
or election, at his or her office or at some other convenient public place at
the county seat or in the municipality, of which due notice shall have been
given as provided by Code Section 21-2-492, publicly commence the computation
and canvassing of the returns and continue the same from day to day until
completed. For this purpose the superintendent may organize his or her
assistants into sections, each of which may simultaneously proceed with the
computation and canvassing of the returns from various precincts of the county
or municipality in the manner provided by this Code section. Upon the
completion of such computation and canvassing, the superintendent shall
tabulate the figures for the entire county or municipality and sign, announce,
and attest the same, as required by this Code section.
(b) The
superintendent, before computing the votes cast in any precinct, shall compare
the registration figure with the certificates returned by the poll officers
showing the number of persons who voted in each precinct or the number of
ballots cast. If, upon consideration by the superintendent of the returns and
certificates before him or her from any precinct, it shall appear that the
total vote returned for any candidate or candidates for the same office or
nomination or on any question exceeds the number of electors in such precinct
or exceeds the total number of persons who voted in such precinct or the total
number of ballots cast therein, such excess shall be deemed a discrepancy and
palpable error and shall be investigated by the superintendent; and no votes
shall be recorded from such precinct until an investigation shall be had. Such
excess shall authorize the summoning of the poll officers to appear immediately
with any primary or election papers in their possession. The superintendent
shall then examine all the registration and primary or election documents
whatever relating to such precinct in the presence of representatives of each
party, body, and interested candidate. Such examination may, if the
superintendent deems it necessary, include a recount or recanvass of the votes
of that precinct and a report of the facts of the case to the district attorney
where such action appears to be warranted.
(c) In
precincts in which paper ballots have been used, the superintendent may require
the production of the ballot box and the recount of the ballots contained in
such ballot box, either generally or respecting the particular office,
nomination, or question as to which the excess exists, in the discretion of the
superintendent, and may require the correction of the returns in accordance
with the result of such recount. If the ballot box is found to contain more
ballots than there are electors registered in such precinct or more ballots
than the number of voters who voted in such precinct at such primary or
election, the superintendent may, in his or her discretion, exclude the poll of
that precinct, either as to all offices, candidates, questions, or parties and
bodies or as to any particular offices, candidates, questions, or parties and
bodies, as to which such excess exists.
(d) In
precincts in which voting machines have been used, the superintendent may
require a recanvass of the votes recorded on the machines used in the precinct,
as provided in Code Section 21-2-495.
(e) In
precincts in which paper ballots have been used, the general returns made by
the poll officers from the various precincts shall be read one after another in
the usual order, slowly and audibly, by one of the assistants who shall, in
each case of a return from a precinct in which ballots were used, read
therefrom the number of ballots issued, spoiled, canceled, and cast,
respectively, whereupon the assistant having charge of the records of the
superintendent showing the number of ballots furnished for each precinct,
including the number of stubs and unused ballots and spoiled and canceled
ballots returned, shall publicly announce the number of the same respectively;
and, unless it appears by such number or calculations therefrom that such
records and such general return correspond, no further returns shall be read
from the latter until all discrepancies are explained to the satisfaction of
the superintendent.
(f) In
precincts in which voting machines have been used, there shall be read from the
general return the identifying number or other designation of each voting
machine used and the numbers registered on the protective counter or device on
each machine prior to the opening of the polls and immediately after the close
of the same, whereupon the assistant having charge of the records of the
superintendent showing the number registered on the protective counter or
device of each voting machine prior to delivery at the polling place shall
publicly announce the numbers so registered; and, unless it appears that such
records and such general return correspond, no further returns shall be read
from the latter until any and all discrepancies are explained to the
satisfaction of the superintendent.
(g) In
precincts in which paper ballots have been used, when the records agree with
such returns regarding the number of ballots and the number of votes recorded
for each candidate, such votes for each candidate shall be read by an assistant
slowly, audibly, and in an orderly manner from the general return which has
been returned unsealed; and the figures announced shall be compared by other
assistants with the general return which has been returned sealed. The figures
announced for all precincts shall be compared by one of the assistants with the
tally papers from the respective precincts. If any discrepancies are
discovered, the superintendent shall examine all of the return sheets, tally
papers, and other papers in his or her possession relating to the same
precinct. If the tally papers and sealed general return sheet agree, the
unsealed general return shall be immediately corrected to conform thereto. In
every other case the superintendent shall immediately cause the ballot box of
the precinct to be opened and the vote therein to be recounted in the presence
of interested candidates or their representatives; and, if the recount shall
not be sufficient to correct the error, the superintendent may summon the poll
officers to appear immediately with all election papers in their
possession.
(h) In
precincts in which voting machines have been used, when the records agree with
the returns regarding the number registered on the voting machine, the votes
recorded for each candidate shall be read by an assistant slowly, audibly, and
in an orderly manner from the general return sheet which has been returned
unsealed; and the figures announced shall be compared by other assistants with
the duplicate return sheet which has been returned sealed. If the voting
machine is of the type equipped with a mechanism for printing paper proof
sheets, such general and duplicate return sheets shall also be compared with
such proof sheets, which have been returned as aforesaid. If any discrepancies
are discovered, the superintendent shall examine all of the return sheets,
proof sheets, and other papers in his or her possession relating to the same
precinct. Such proof sheets shall be deemed to be prima-facie evidence of the
result of the primary or election and to be prima facie accurate; and, if the
proper proof sheets, properly identified, shall be mutually consistent and if
the general and duplicate returns or either of such returns from such precinct
shall not correspond with such proof sheets, they shall be corrected so as to
correspond with such proof sheets in the absence of allegation of specific
fraud or error proved to the satisfaction of the superintendent.
(i) If
any error or fraud is discovered, the superintendent shall compute and certify
the votes justly, regardless of any fraudulent or erroneous returns presented
to him or her, and shall report the facts to the appropriate district attorney
for action.
(j) The
superintendent shall see that the votes shown by each absentee ballot are added
to the return received from the precinct of the elector casting such
ballot.
(k) As
the returns from each precinct are read, computed, and found to be correct or
corrected as aforesaid, they shall be recorded on the blanks prepared for the
purpose until all the returns from the various precincts which are entitled to
be counted shall have been duly recorded; then they shall be added together,
announced, and attested by the assistants who made and computed the entries
respectively and shall be signed by the superintendent. The consolidated
returns shall then be certified by the superintendent in the manner required by
this chapter. Such returns shall be certified by the superintendent not later
than 5:00 P.M. on the second Friday following the date on which such election
was held and such returns shall be immediately transmitted to the Secretary of
State; provided, however, that such certification date may be extended by the
Secretary of State in his or her discretion if necessary to complete a
precertification audit as provided in Code Section 21-2-498.
(l) In
such case where the results of an election contest change the returns so
certified, a corrected return shall be certified and filed by the
superintendent which makes such corrections as the court orders.
History
Ga.
L. 1943, p. 347, § 1; Code 1933, § 34-1504, enacted by Ga. L. 1964, Ex. Sess.,
p. 26, § 1; Ga. L. 1969, p. 292, § 1; Ga. L. 1970, p. 347, § 29; Ga. L. 1982,
p. 1512, § 5; Ga. L. 1983, p. 140, § 1; Ga. L. 1987, p. 34, § 1; Ga. L. 1992,
p. 1, § 5; Ga. L. 1992, p. 56, § 1; Ga. L. 1997, p. 590, § 37; Ga. L. 1998, p.
295, § 1; Ga. L. 2001, p. 269, § 25; Ga. L. 2003, p. 517, § 55; Ga. L. 2008, p. 817, § 4/HB 1098; Ga. L. 2011, p. 683, § 18/SB 82; Ga. L. 2019, p. 7, § 40/HB 316.
Annotations
Notes
THE 2019 AMENDMENT,
effective April 2, 2019, in subsection (k), in the third sentence, substituted
"second Friday" for "Monday" in the middle and added the
proviso at the end.
Case Notes
JUDICIAL DECISIONS
CERTIFICATION OF
ELECTION RESULTS. --Trial court did not err in ruling that certification by a
county board of elections and registration triggered the five-day filing period
of O.C.G.A. § 21-2-524(a) because the five-day period of O.C.G.A. § 21-2-524(a)
for filing a petition to contest the election results for a county office began
to run when the county superintendent had officially consolidated and certified
the returns for the particular office; because the Secretary of State only
certifies election returns for federal and state offices, the sole election
official specified in the Georgia Code as having responsibility for
consolidation and certification of election results for other offices is the
local superintendent. Broughton v. Douglas County Bd. of Elections, 286 Ga.
528, 690 S.E.2d 141 (2010).
Research References & Practice Aids
ADMINISTRATIVE RULES AND
REGULATIONS. --
Spoiled ballot definition, Official Compilation of the Rules
and Regulations of the State of Georgia, Georgia Election Code, Absentee
Voting, § 183-1-14-.07.
LAW REVIEWS. --
For article on the 2019 amendment of this Code section, see
36 Ga. St. U.L. Rev. 81 (2019).
For note on the
2001 amendment to this Code section, see 18 Ga. St. U. L. Rev. 96 (2001).
OPINIONS OF THE ATTORNEY
GENERAL
CERTIFICATION OF
ELECTION AND PRIMARY RESULTS. --Election supervisor of county board of
registrations and elections cannot certify election and primary results. 1976
Op. Att'y Gen. No. 76-73.
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, § 365 et seq.
C.J.S. --
29 C.J.S., Elections, §§ 400, 401, 405 et seq.
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OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-494
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 12. RETURNS
§ 21-2-494. Computation and certification of write-in votes
The
superintendent, in computing the votes cast at any election, shall compute and
certify only those write-in votes cast for candidates who have given proper
notice of intent to be write-in candidates pursuant to Code Section 21-2-133
exactly as such names were written by the elector.
History
Code 1933, § 34-1506, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1969, p. 292, § 1; Ga. L. 1987, p. 417, § 9; Ga. L. 1998, p. 295, § 1.
Annotations
Notes
EDITOR'S NOTES. --
In light of the similarity of the statutory provisions, opinions decided under former Code 1933, § 34-1505, are included in the annotations for this Code section.
Case Notes
JUDICIAL DECISIONS
EDITOR'S NOTES. --In light of the similarity of the statutory provisions, decisions under former Code 1933, § 34-1505 are included in the annotations for this Code section.
CONSTITUTIONALITY. --Trial court did not err in finding that O.C.G.A. § 21-2-494 was constitutional, despite an election challenger's claim that it impermissibly allowed the exclusion of votes for write-in candidates and because it did not require that voters be provided with notice that write-in votes for unqualified candidates would not be counted, as: (1) it was undisputed that nine write-in votes were cast for individuals who were not eligible to hold office, as these people did not give proper notice of their intention of candidacy; (2) no voters were disenfranchised; (3) each voter was given the opportunity to vote for the candidate of his or her own choosing; and (4) the legislature properly exercised its power when it limited the counting of write-in votes to votes cast for qualified write-in candidates. Brodie v. Champion, 281 Ga. 105, 636 S.E.2d 511 (2006).
PERSONS WITH SPELLING PROBLEMS. --Persons who do not spell well may take a paper with them into the voting booth which contains the correct spelling of their candidate's name and from which they may copy that name. Morris v. Fortson, 261 F. Supp. 538 (N.D. Ga. 1966) (decided under former Code 1933, § 34-1505).
Research References & Practice Aids
LAW REVIEWS. --
For survey article on local government law, see 59 Mercer L. Rev. 285 (2007).
OPINIONS OF THE ATTORNEY GENERAL
STICKERS, PASTERS, AND STAMPS. --The use of stickers, pasters, and stamps is not permitted in casting a write-in vote in instances where voting machines or vote recorders are used. 1965-66 Op. Att'y Gen. No. 66-230 (decided under former Code 1933, § 34-1505).
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, § 329 et seq.
C.J.S. --
29 C.J.S., Elections, § 305 et seq.
ALR. --
Validity of write-in vote where candidate's surname only is written in on ballot, 86 A.L.R.2d 1025.
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OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-495
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 12. RETURNS
§ 21-2-495. Procedure for recount or recanvass of votes;
losing candidate's right to a recount; rules and regulations
(a) In
precincts where paper ballots or scanning ballots have been used, the
superintendent may, either of his or her own motion or upon petition of any
candidate or political party, order the recount of all the ballots for a
particular precinct or precincts for one or more offices in which it shall
appear that a discrepancy or error, although not apparent on the face of the
returns, has been made. Such recount may be held at any time prior to the
certification of the consolidated returns by the superintendent and shall be
conducted under the direction of the superintendent. Before making such
recount, the superintendent shall give notice in writing to each candidate and
to the county or municipal chairperson of each party or body affected by the
recount. Each such candidate may be present in person or by representative, and
each such party or body may send two representatives to be present at such
recount. If upon such recount, it shall appear that the original count by the
poll officers was incorrect, such returns and all papers being prepared by the
superintendent shall be corrected accordingly.
(b) In
precincts where voting machines have been used, whenever it appears that there
is a discrepancy in the returns recorded for any voting machine or machines or
that an error, although not apparent on the face of the returns, exists, the
superintendent shall, either of his or her own motion or upon the sworn
petition of three electors of any precinct, order a recanvass of the votes
shown on that particular machine or machines. Such recanvass may be conducted
at any time prior to the certification of the consolidated returns by the
superintendent. In conducting such recanvass, the superintendent shall summon
the poll officers of the precinct; and such officers, in the presence of the
superintendent, shall make a record of the number of the seal upon the voting
machine or machines and the number of the protective counter or other device;
shall make visible the registering counters of each such machine; and, without
unlocking the machine against voting, shall recanvass the vote thereon. Before
making such recanvass, the superintendent shall give notice in writing to the
custodian of voting machines, to each candidate, and to the county or municipal
chairperson of each party or body affected by the recanvass. Each such
candidate may be present in person or by representative, and each of such
parties or bodies may send two representatives to be present at such recanvass.
If, upon such recanvass, it shall be found that the original canvass of the
returns has been correctly made from the machine and that the discrepancy still
remains unaccounted for, the superintendent, with the assistance of the
custodian, in the presence of the poll officers and the authorized candidates and
representatives, shall unlock the voting and counting mechanism of the machine
and shall proceed thoroughly to examine and test the machine to determine and
reveal the true cause or causes, if any, of the discrepancy in returns from
such machine. Each counter shall be reset at zero before it is tested, after
which it shall be operated at least 100 times. After the completion of such
examination and test, the custodian shall then and there prepare a statement,
in writing, giving in detail the result of the examination and test; and such
statement shall be witnessed by the persons present and shall be filed with the
superintendent. If, upon such recanvass, it shall appear that the original
canvass of the returns by the poll officers was incorrect, such returns and all
papers being prepared by the superintendent shall be corrected accordingly;
provided, however, that in the case of returns from any precinct wherein the
primary or election was held by the use of a voting machine equipped with a
mechanism for printing paper proof sheets, such proof sheets, if mutually
consistent, shall be deemed to be prima-facie evidence of the result of the
primary or election and to be prima facie accurate; and there shall not be
considered to be any discrepancy or error in the returns from any such
precinct, such as to require a recanvass of the vote, if all available proof
sheets, from the voting machine used therein, identified to the satisfaction of
the superintendent and shown to his or her satisfaction to have been produced
from proper custody, shall be mutually consistent; and, if the general and
duplicate returns, or either of such returns from such precincts shall not
correspond with such proof sheets, they and all other papers being prepared by
the superintendent shall be corrected so as to correspond with such proof
sheets in the absence of allegation of specific fraud or error proved to the
satisfaction of the superintendent by the weight of the evidence; and only in
such case shall the vote of such precinct be recanvassed under this Code
section.
(c)
(1) Whenever
the difference between the number of votes received by a candidate who has been
declared nominated for an office in a primary election or who has been declared
elected to an office in an election or who has been declared eligible for a
run-off primary or election and the number of votes received by any other
candidate or candidates not declared so nominated or elected or eligible for a
runoff shall be not more than one-half of 1 percent of the total votes which
were cast for such office therein, any such candidate or candidates receiving a
sufficient number of votes so that the difference between his or her vote and
that of a candidate declared nominated, elected, or eligible for a runoff is
not more than one-half of 1 percent of the total votes cast, within a period of
two business days following the certification of the election results, shall
have the right to a recount of the votes cast, if such request is made in
writing by the losing candidate. If the office sought is a federal or state
office voted upon by the electors of more than one county, the request shall be
made to the Secretary of State who shall direct that the recount be performed
in all counties in which electors voted for such office and notify the
superintendents of the several counties involved of the request. In all other
cases, the request shall be made to the superintendent. The superintendent or
superintendents shall order a recount of such votes to be made immediately. If,
upon such recount, it is determined that the original count was incorrect, the
returns and all papers prepared by the superintendent, the superintendents, or
the Secretary of State shall be corrected accordingly and the results
recertified.
(2) Whenever
the difference between the number of votes for approval or rejection of a
constitutional amendment or binding referendum question shall be not more than
one-half of 1 percent of the total votes which were cast on such amendment or
question therein, within a period of two business days following the
certification of the election results, the Constitutional Amendments
Publication Board shall be authorized in its discretion to call for a recount
of the votes cast with regard to such amendment or question. In the case of a
constitutional amendment or state-wide referendum question or a question voted
upon by the electors of more than one county, the board shall direct the
Secretary of State to cause a recount to be performed with regard to such
amendment or question in all counties involved and notify the superintendents
of the recount. In the case of questions voted upon by the electors of only one
county or municipality, the board shall direct the Secretary of State to cause
a recount to be conducted by the county or municipality involved and the
Secretary of State shall notify the superintendent involved of the recount.
Upon notification, the superintendent or superintendents shall order a recount
of such votes to be made immediately. If, upon such recount, it is determined
that the original count was incorrect, the returns and all papers prepared by
the superintendent, the superintendents, or the Secretary of State shall be
corrected accordingly and the results recertified.
(d) Any
other provision of this Code section to the contrary notwithstanding, a
candidate for a federal or state office voted upon by the electors of more than
one county may petition the Secretary of State for a recount or recanvass of
votes, as appropriate, when it appears that a discrepancy or error, although
not apparent on the face of the returns, has been made. The recount or
recanvass may be ordered in the discretion of the Secretary of State in any and
all counties in which electors voted for such office, and said recount or
recanvass may be held at any time prior to the certification of the
consolidated returns by the Secretary of State. A recount or recanvass shall be
conducted by the appropriate superintendent or superintendents in the manner
and pursuant to the procedures otherwise provided in this Code section for a
recount or recanvass, as appropriate. The petition pursuant to this Code
section shall be in writing and signed by the person or persons requesting the
recount or recanvass. A petition shall set forth the discrepancies or errors
and any evidence in support of the petitioner's request for a recount or
recanvass and shall be verified. The Secretary of State may require the
petitioner or other persons to furnish additional information concerning the
apparent discrepancies or errors in the counting or canvassing of votes.
(e) The
State Election Board shall be authorized to promulgate rules, regulations, and
procedures to implement and administer the provisions of this Code section.
History
Ga.
L. 1941, p. 432, §§ 1-4, 8; Ga. L. 1962, p. 678, § 1; Code 1933, § 34-1505,
enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1969, p. 292, § 1; Ga. L.
1975, p. 806, § 1; Ga. L. 1976, p. 248, § 1; Ga. L. 1982, p. 1512, § 5; Ga. L.
1983, p. 140, § 1; Ga. L. 1986, p. 382, § 5; Ga. L. 1986, p. 855, § 5; Ga. L.
1987, p. 34, § 1; Ga. L. 1995, p. 1027, § 11; Ga. L. 1998, p. 295, § 1; Ga. L.
2001, p. 269, § 24; Ga. L. 2003, p. 517, § 56;
Ga. L. 2011, p. 683, § 19/SB 82;
Ga. L. 2019, p. 7, § 41/HB 316.
Annotations
Notes
THE 2019 AMENDMENT,
effective April 2, 2019, inserted "or scanning ballots" near the
beginning of the first sentence of subsection (a); inserted "one-half
of" twice in the first sentence of paragraph (c)(1) and in the first
sentence of paragraph (c)(2); and added subsection (e).
Case Notes
JUDICIAL DECISIONS
RECANVASSING OR
RECOUNTING VOTES. --No duty is imposed on a county political executive
committee to recanvass or recount votes in a primary election. Kemp v. Mitchell
County Democratic Executive Comm., 216 Ga. 276, 116 S.E.2d 321 (1960); Hamilton
v. Smith, 216 Ga. 345, 116 S.E.2d 565 (1960).
DIFFERENCES IN
RECOUNTING PROCEDURE FOR PAPER BALLOTS AND ELECTRONIC BALLOTS. --Trial court
did not err in granting the Secretary of State, the Governor, and the Georgia
State Election Board summary judgment in voters' action challenging the use of
direct recording electronic equipment because tangible ballots with custodial
linkage to individual voters were not an absolute requirement for every voting
system; although the recount law does not specifically set out recount
procedures for electronic voting systems, it does clearly recognize that
recount procedures for paper ballots necessarily differ from recanvassing
procedures for mechanical voting machines. Favorito v. Handel, 285 Ga. 795, 684
S.E.2d 257 (2009).
HEARING OF ELECTION
CONTEST BY PARTY'S EXECUTIVE COMMITTEE. --Since the findings and report of the
recount committee are final and conclusive as to all questions respecting the
validity of a primary election, any subsequent attempt by the party's executive
committee to entertain and hear a contest between the parties involved is an
absolute nullity for want of authority to do so. Middleton v. Moody, 216 Ga.
237, 115 S.E.2d 567 (1960); Hamilton v. Smith, 216 Ga. 345, 116 S.E.2d 565
(1960).
JUDICIAL ENFORCEMENT
OF FINDINGS AND REPORTS OF RECOUNT COMMITTEE. --When the executive committee or
other authority conducting and holding a primary election for the nomination of
its candidates fails or refuses to adopt, promulgate, publish, and certify to
the proper authorities the findings and report of a recount committee, then the
candidate whose rights may be affected by the failure or refusal has a right to
proceed by mandamus to enforce the findings and report, and there is
jurisdiction in the superior courts of this state to hear and determine the
cause, notwithstanding the political nature of the controversy. Middleton v.
Moody, 216 Ga. 237, 115 S.E.2d 567 (1960).
CITED in Allen v.
Yost, 281 Ga. 102, 636 S.E.2d 517 (2006); Broughton v. Douglas County Bd. of
Elections, 286 Ga. 528, 690 S.E.2d 141 (2010).
Research References & Practice Aids
LAW REVIEWS. --
For article on the 2019 amendment of this Code section, see
36 Ga. St. U.L. Rev. 81 (2019).
For note on the
2001 amendment to this Code section, see 18 Ga. St. U. L. Rev. 96 (2001).
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, §§ 362, 364, 370, 373.
C.J.S. --
29 C.J.S., Elections, §§ 386, 405 et seq.
ALR. --
Determination of facts regarding custody of ballots since
original count, as condition of recount, 71 A.L.R. 435.
Costs or
reimbursement for expenses incident to election contest or recount, 106 A.L.R.
928.
Validity of
runoff voting election methodology, 67 A.L.R.6th 609.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-496
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 12. RETURNS
§ 21-2-496. Preparation and filing by superintendent of four
copies of consolidated return of primary; electronic filing; superintendent to
furnish final copy of each ballot used for primary
(a) Each
county and municipal superintendent shall prepare four copies of the
consolidated return of the primary to be certified by the superintendent on
forms furnished by the Secretary of State, such consolidated returns to be
filed immediately upon certification as follows:
(1) One
copy to be posted at the office of the election superintendent for the
information of the public;
(2) One
copy to be filed in the superintendent's office;
(3) One
copy to be forwarded to the Secretary of State together with a copy of each
precinct return, the numbered list of voters of each precinct, and the returns
and the numbered list of voters for absentee electors; and
(4) One
copy to be sealed and filed with the clerk of the superior court, in the case
of a county election, or with the city clerk, in the case of a municipal election,
as required by Code Section 21-2-500.
(b) The
Secretary of State is authorized to provide a method by which the election
superintendent can file the results of primaries and elections electronically.
Once the Secretary of State provides such a method of filing, the election
superintendent shall file a copy of the election returns electronically in the
manner prescribed by the Secretary of State in addition to the filing provided
in subsection (a) of this Code section. The Secretary of State is authorized to
promulgate such rules and regulations as necessary to provide for such an
electronic filing.
(c) Each
county and municipal superintendent shall, upon certification, furnish to the
Secretary of State in a manner determined by the Secretary of State a final
copy of each ballot used for such primary.
History
Ga.
L. 1890-91, p. 210, § 2; Civil Code 1895, § 114; Civil Code 1910, § 128; Code
1933, § 34-3202; Code 1933, § 34-1507, enacted by Ga. L. 1964, Ex. Sess., p.
26, § 1; Ga. L. 1969, p. 292, § 1; Ga. L. 1970, p. 347, § 30; Ga. L. 1979, p.
631, § 2; Ga. L. 1982, p. 1512, § 5; Ga. L. 1996, p. 145, § 19; Ga. L. 1998, p.
295, § 1; Ga. L. 2008, p. 817, § 5/HB
1098; Ga. L. 2012, p. 995, §§ 36, 37/SB
92.
Annotations
Case Notes
JUDICIAL DECISIONS
CITED in Jenness v.
Fortson, 403 U.S. 431, 91 S. Ct. 1970, 29 L. Ed. 2d 554 (1971).
Research References & Practice Aids
C.J.S. --
29 C.J.S., Elections, § 219 et seq.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-497
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 12. RETURNS
§ 21-2-497. Preparation and filing by superintendent of four
copies of consolidated return of elections; superintendent to furnish final
copy of each ballot used for election
(a) Each
county and municipal superintendent shall prepare four copies of the
consolidated return of the election to be certified by the superintendent on
forms furnished by the Secretary of State, such consolidated returns to be
filed immediately upon certification as follows:
(1) One
copy to be posted at the office of the election superintendent for the
information of the public;
(2) One
copy to be filed and recorded as a permanent record in the minutes of the
superintendent's office;
(3) One
copy to be sealed and filed with the clerk of the superior court, in the case
of a county election, or with the city clerk, in the case of a municipal
election, as required by Code Section 21-2-500; and
(4) One copy to be returned immediately
to the Secretary of State unless required as follows:
(A) In the case of election of federal
and state officers, a separate return showing totals of the votes cast for each
of such officers respectively shall be forwarded by the superintendent to the
Secretary of State on forms furnished by the Secretary of State;
(B) In the case of referendum elections
provided for by an Act of the General Assembly, the returns shall immediately
be certified by the authority holding such election to the Secretary of State,
along with the precinct returns and numbered list of voters for each precinct.
In addition thereto, the official citation of the Act involved and the purpose
of such election shall be sent to the Secretary of State at the same time. The
Secretary of State shall maintain a permanent record of such
certifications;
(C) In the case of elections on
constitutional amendments, the returns shall be certified immediately to the
Secretary of State. Upon receiving the certified returns from the various
superintendents, the Secretary of State shall immediately proceed to canvass
and tabulate the votes cast on such amendments and certify the results to the
Governor; and
(D) In the case of election for
presidential electors, a separate return shall be prepared by each
superintendent and certified immediately to the Secretary of State.
(b) Each
county and municipal superintendent shall, upon certification, furnish to the
Secretary of State in a manner determined by the Secretary of State a final
copy of each ballot used for such election.
History
Ga.
L. 1890-91, p. 210, § 2; Civil Code 1895, § 114; Civil Code 1910, § 128; Ga. L.
1918, p. 154, §§ 1, 2; Ga. L. 1921, p. 232, § 1; Code 1933, §§ 34-2201,
34-2202, 34-3202; Code 1933, § 34-1508, enacted by Ga. L. 1964, Ex. Sess., p.
26, § 1; Ga. L. 1969, p. 292, § 1; Ga. L. 1970, p. 347, § 30; Ga. L. 1982, p.
3, § 21; Ga. L. 1982, p. 1512, § 5; Ga. L. 1983, p. 884, § 6-6; Ga. L. 1986, p.
32, § 1; Ga. L. 1986, p. 855, § 6; Ga. L. 1987, p. 34, § 1; Ga. L. 1992, p. 56,
§ 1; Ga. L. 1995, p. 1027, § 12; Ga. L. 1998, p. 295, § 1; Ga. L. 2008, p. 817, § 6/HB 1098; Ga. L. 2012, p. 995, § 38/SB 92.
Annotations
Notes
HISTORY OF SECTION. --The language of this Code section is
derived in part from the decision in McGregor v. Clark, 155 Ga. 384, 116 S.E.
823 (1923).
Research References & Practice Aids
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, § 372.
C.J.S. --
29 C.J.S., Elections, § 417 et seq.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-499
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 12. RETURNS
§ 21-2-499. Duty of Secretary of State as to tabulation,
computation, and canvassing of votes for state and federal officers;
certification of presidential electors by Governor
(a) Upon
receiving the certified returns of any election from the various
superintendents, the Secretary of State shall immediately proceed to tabulate,
compute, and canvass the votes cast for all candidates described in
subparagraph (a)(4)(A) of Code Section 21-2-497 and upon all questions voted
for by the electors of more than one county and shall thereupon certify and
file in his or her office the tabulation thereof. In the event an error is
found in the certified returns presented to the Secretary of State or in the
tabulation, computation, or canvassing of votes as described in this Code
section, the Secretary of State shall notify the county submitting the
incorrect returns and direct the county to correct and recertify such returns.
Upon receipt by the Secretary of State of the corrected certified returns of
the county, the Secretary of State shall issue a new certification of the
results and shall file the same in his or her office.
(b) The
Secretary of State shall also, upon receiving the certified returns for
presidential electors, proceed to tabulate, compute, and canvass the votes cast
for each slate of presidential electors and shall immediately lay them before
the Governor. Not later than 5:00 P.M. on the seventeenth day following the
date on which such election was conducted, the Secretary of State shall certify
the votes cast for all candidates described in subparagraph (a)(4)(A) of Code
Section 21-2-497 and upon all questions voted for by the electors of more than
one county and shall no later than that same time lay the returns for
presidential electors before the Governor. The Governor shall enumerate and
ascertain the number of votes for each person so voted and shall certify the
slates of presidential electors receiving the highest number of votes. The
Governor shall certify the slates of presidential electors no later than 5:00
P.M. on the eighteenth day following the date on which such election was
conducted. Notwithstanding the deadlines specified in this Code section, such
times may be altered for just cause by an order of a judge of superior court of
this state.
(c) The
Secretary of State shall not count, tabulate, or publish the names of any
write-in candidates for whom the notice of intention of candidacy has not been
provided in compliance with Code Section 21-2-133.
History
Code
1933, § 34-1510, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1969, p.
292, § 1; Ga. L. 1970, p. 347, § 30; Ga. L. 1987, p. 997, § 3; Ga. L. 1995, p.
1027, § 14; Ga. L. 1998, p. 295, § 1; Ga. L. 2001, p. 269, § 26; Ga. L. 2003,
p. 517, § 57; Ga. L. 2012, p. 995, § 39/SB
92; Ga. L. 2019, p. 7, § 43/HB 316.
Annotations
Notes
THE 2019 AMENDMENT,
effective April 2, 2019, in subsection (b), substituted "seventeenth"
for "fourteenth" near the beginning of the second sentence, and
substituted "eighteenth" for "fifteenth" in the middle of
the fourth sentence.
Case Notes
JUDICIAL DECISIONS
CERTIFICATION OF
ELECTION RETURNS. --Trial court did not err in ruling that certification by a
county board of elections and registration triggered the five-day filing period
of O.C.G.A. § 21-2-524(a) because the five-day period of § 21-2-524(a) for
filing a petition to contest the election results for a county office began to
run when the county superintendent had officially consolidated and certified
the returns for the particular office; because the Secretary of State only
certifies election returns for federal and state offices, the sole election
official specified in the Georgia Code as having responsibility for
consolidation and certification of election results for other offices is the
local superintendent. Broughton v. Douglas County Bd. of Elections, 286 Ga.
528, 690 S.E.2d 141 (2010).
OBLIGATION OF COUNTY
TO TAKE ADDITIONAL CORRECTIVE STEPS. --O.C.G.A. §§ 21-2-419 and 21-2-499
expressly anticipate the potential need for a county to take additional
corrective steps and resubmit the county's vote tally to the Secretary of State
after the Secretary's remission of the original certification with questions.
Common Cause Georgia v. Kemp, 347 F. Supp. 3d 1270 (N.D. Ga. 2018).
Research References & Practice Aids
CROSS REFERENCES. --
Duty of Secretary of State to destroy quadrennially all
filed election returns of officials whose terms of office have expired, §
45-13-20(7).
LAW REVIEWS. --
For article on the 2019 amendment of this Code section, see
36 Ga. St. U.L. Rev. 81 (2019).
For note on the
2001 amendment of this Code section, see 18 Ga. St. U. L. Rev. 96 (2001).
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, § 372.
C.J.S. --
29 C.J.S., Elections, § 417 et seq.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-498
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 12. RETURNS
§ 21-2-498. Precertification tabulation audits
(a) As
used in this Code section, the term:
(1) "Incorrect
outcome" is when the winner of a contest or the answer to a proposed
constitutional amendment or question would be different from the results found
in a manual recount of paper official ballots.
(2) "Risk
limit" means the largest statistical probability that an incorrect outcome
is not detected or corrected in a risk-limiting audit.
(3) "Risk-limiting
audit" means an audit protocol that makes use of statistical methods and
is designed to limit to acceptable levels the risk of certifying a preliminary
election outcome that constitutes an incorrect outcome.
(b) As
soon as possible, but no later than the November, 2020, general election, the
local election superintendents shall conduct precertification tabulation audits
for any federal or state general election in accordance with requirements set
forth by rule or regulation of the State Election Board. Audits performed under
this Code section shall be conducted by manual inspection of random samples of
the paper official ballots.
(c) In
conducting each audit, the local election superintendents shall:
(1) Complete
the audit prior to final certification of the contest;
(2) Ensure
that all types of ballots are included in the audit, whether cast in person, by
absentee ballot, advance voting, provisional ballot, or otherwise;
(3) Provide
a report of the unofficial final tabulated vote results for the contest to the
public prior to conducting the audit;
(4) Complete
the audit in public view; and
(5) Provide details of the audit to the
public within 48 hours of completion.
(d) The
State Election Board shall be authorized to promulgate rules, regulations, and
procedures to implement and administer the provisions of this Code section. The
procedures prescribed by the State Election Board shall include security
procedures to ensure that collection of validly cast ballots is complete,
accurate, and trustworthy throughout the audit.
(e) The
Secretary of State shall conduct a risk-limiting audit pilot program with a
risk limit of not greater than 10 percent in one or more counties by December
31, 2021. The Secretary of State shall review the results of the pilot program
and, within 90 days following the election in which such pilot program is used,
shall provide the members of the General Assembly with a comprehensive report,
including a plan on how to implement risk-limiting audits state wide. If such
risk-limiting audit is successful in achieving the specified confidence level within
five business days following the election for which it was conducted, then all
audits performed pursuant to this Code section shall be similarly conducted,
beginning not later than November 1, 2024.
History
Code
1981, § 21-2-498, enacted by Ga. L.
2019, p. 7, § 42/HB 316.
Annotations
Notes
EFFECTIVE DATE. --
This Code section became effective April 2, 2019.
EDITOR'S NOTES. --
This Code section formerly pertained to the Constitutional
Officers Election Board. The former Code section was based on Code 1933, §
34-1509, enacted by Ga. L. 1970, p. 347, § 30, Ga. L. 1987, p. 997, § 2, Ga. L.
1994, p. 279, § 10 and was repealed by Ga. L. 1995, p. 1027, § 13, effective
July 1, 1995.
Research References & Practice Aids
LAW REVIEWS. --
For article on the 2019 enactment of this Code section, see
36 Ga. St. U.L. Rev. 81 (2019).
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-501.1
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 12. RETURNS
§ 21-2-501.1. Timing whenever a municipal general primary is
held in conjunction with the general primary in even-numbered years
Repealed
by Ga. L. 2012, p. 995, § 40/SB 92,
effective July 1, 2012.
Annotations
Notes
EDITOR'S NOTES. --
This Code section was based on Code 1981, § 21-2-501.1, enacted by Ga. L. 1998, p. 295, § 1.
Research References & Practice Aids
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-500
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 12. RETURNS
§ 21-2-500. Delivery of voting materials; presentation to
grand jury in certain cases; preservation and destruction; destruction of
unused ballots
(a) Immediately
upon completing the returns required by this article, in the case of elections
other than municipal elections, the superintendent shall deliver in sealed
containers to the clerk of the superior court or, if designated by the clerk of
the superior court, to the county records manager or other office or officer
under the jurisdiction of a county governing authority which maintains or is
responsible for records, as provided in Code Section 50-18-99, the used and
void ballots and the stubs of all ballots used; one copy of the oaths of poll
officers; and one copy of each numbered list of voters, tally paper, voting
machine paper proof sheet, and return sheet involved in the primary or
election. In addition, the superintendent shall deliver copies of the voting
machine ballot labels, computer chips containing ballot tabulation programs,
copies of computer records of ballot design, and similar items or an electronic
record of the program by which votes are to be recorded or tabulated, which is
captured prior to the election, and which is stored on some alternative medium
such as a CD-ROM or floppy disk simultaneously with the programming of the PROM
or other memory storage device. The clerk, county records manager, or the
office or officer designated by the clerk shall hold such ballots and other
documents under seal, unless otherwise directed by the superior court, for at
least 24 months, after which time they shall be presented to the grand jury for
inspection at its next meeting. Such ballots and other documents shall be
preserved in the office of the clerk, county records manager, or officer designated
by the clerk until the adjournment of such grand jury, and then they may be
destroyed, unless otherwise provided by order of the superior court.
(b) The
superintendent shall retain all unused ballots for 30 days after the election
or primary and, if no challenge or contest is filed prior to or during that
period that could require future use of such ballots, may thereafter destroy
such unused ballots. If a challenge or contest is filed during that period that
could require the use of such ballots, they shall be retained until the final
disposition of the challenge or contest and, if remaining unused, may
thereafter be destroyed.
(c) Immediately
upon completing the returns required by this article, the municipal
superintendent shall deliver in sealed containers to the city clerk the used
and void ballots and the stubs of all ballots used; one copy of the oaths of
poll officers; and one copy of each numbered list of voters, tally paper,
voting machine paper proof sheet, and return sheet involved in the primary or
election. In addition, the municipal superintendent shall deliver copies of the
voting machine ballot labels, computer chips containing ballot tabulation
programs, copies of computer records of ballot design, and similar items or an
electronic record of the program by which votes are to be recorded or
tabulated, which is captured prior to the election, and which is stored on some
alternative medium such as a CD-ROM or floppy disk simultaneously with the
programming of the PROM or other memory storage device. Such ballots and other
documents shall be preserved under seal in the office of the city clerk for at
least 24 months; and then they may be destroyed unless otherwise provided by
order of the mayor and council if a contest has been filed or by court order,
provided that the electors list, voter's certificates, and duplicate oaths of
assisted electors shall be immediately returned by the superintendent to the
county registrar.
History
Code
1933, § 34-1515, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1969, p.
292, § 1; Ga. L. 1970, p. 347, § 30; Ga. L. 1978, p. 1004, § 33; Ga. L. 1993,
p. 1074, § 1; Ga. L. 1994, p. 1406, § 26; Ga. L. 1997, p. 590, § 38; Ga. L.
1998, p. 145, § 1; Ga. L. 1998, p. 295, § 1; Ga. L. 1999, p. 29, § 6; Ga. L.
2003, p. 517, § 58; Ga. L. 2017, p.
697, § 21/HB 268.
Annotations
Notes
THE 2017 AMENDMENT,
effective July 1, 2017, substituted "county registrar" for
"county or municipal registrar as appropriate" at the end of the last
sentence of subsection (c).
Case Notes
JUDICIAL DECISIONS
EDITOR'S NOTES. --In
light of the similarity of the statutory provisions, decisions under former
Penal Code 1910, § 658 are included in the annotations for this Code
section.
SUPERINTENDENT
KNOWINGLY AND FALSELY MISSTATING VOTES. --If the number of votes was knowingly
and falsely misstated by a superintendent of an election, the superintendent
has failed to discharge a duty imposed by law, and the superintendent was
liable to be prosecuted under former Penal Code 1910, § 658. Black v. State, 36
Ga. App. 286, 136 S.E. 334 (1927) (decided under former Penal Code 1910, §
658).
SEALED CD-ROM
CONTAINING ELECTION INFORMATION NOT OPEN RECORD SUBJECT TO DISCLOSURE.
--Because a superior court had not ordered that its seal be lifted under
O.C.G.A. § 21-2-500(a), a CD-ROM containing election information was by law prohibited
or specifically exempted from being open to inspection by the general public
and thus was not an open record subject to disclosure under O.C.G.A. §
50-18-70(b). Smith v. DeKalb County, 288 Ga. App. 574, 654 S.E.2d 469 (2007),
cert. denied, No. S08C0596, 2008 Ga. LEXIS 291 (Ga. 2008).
Research References & Practice Aids
LAW REVIEWS. --
For survey article on local government law, see 60 Mercer L.
Rev. 263 (2008).
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-501
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 12. RETURNS
§ 21-2-501. Number of votes required for election
(a)
(1) Except
as otherwise provided in this Code section, no candidate shall be nominated for
public office in any primary or special primary or elected to public office in
any election or special election unless such candidate shall have received a
majority of the votes cast to fill such nomination or public office. In
instances where no candidate receives a majority of the votes cast, a run-off
primary, special primary runoff, run-off election, or special election runoff
between the candidates receiving the two highest numbers of votes shall be
held. Unless such date is postponed by a court order, such run-off primary,
special primary runoff, run-off election, or special election runoff shall be
held as provided in this subsection.
(2) In
the case of a runoff from a general primary or a special primary or special
election held in conjunction with a general primary, the runoff shall be held
on the Tuesday of the ninth week following such general primary.
(3) In
the case of a runoff from a general election for a federal office or a runoff
from a special primary or special election for a federal office held in
conjunction with a general election, the runoff shall be held on the Tuesday of
the ninth week following such general election.
(4) In the case of a runoff from a
general election for an office other than a federal office or a runoff from a
special primary or special election for an office other than a federal office
held in conjunction with a general election, the runoff shall be held on the
twenty-eighth day after the day of holding the preceding general election.
(5) In
the case of a runoff from a special primary or special election for a federal
office not held in conjunction with a general primary or general election, the
runoff shall be held on the Tuesday of the ninth week following such special
primary or special election.
(6) In
the case of a runoff from a special primary or special election for an office
other than a federal office not held in conjunction with a general primary or
general election, the runoff shall be held on the twenty-eighth day after the
day of holding the preceding special primary or special election; provided,
however, that, if such runoff is from a special primary or special election
held in conjunction with a special primary or special election for a federal
office and there is a runoff being conducted for such federal office, the
runoff from the special primary or special election conducted for such other
office may be held in conjunction with the runoff for the federal office.
(7) If
any candidate eligible to be in a runoff withdraws, dies, or is found to be
ineligible, the remaining candidates receiving the two highest numbers of votes
shall be the candidates in the runoff.
(8) The
candidate receiving the highest number of the votes cast in such run-off
primary, special primary runoff, run-off election, or special election runoff
to fill the nomination or public office sought shall be declared the
winner.
(9) The
name of a write-in candidate eligible for election in a runoff shall be printed
on the election or special election run-off ballot in the independent
column.
(10) The
run-off primary, special primary runoff, run-off election, or special election
runoff shall be a continuation of the primary, special primary, election, or
special election for the particular office concerned. Only the electors who
were duly registered to vote and not subsequently deemed disqualified to vote
in the primary, special primary, election, or special election for candidates
for that particular office shall be entitled to vote therein, and only those
votes cast for the persons designated as candidates in such run-off primary,
special primary runoff, run-off election, or special election runoff shall be
counted in the tabulation and canvass of the votes cast. No elector shall vote
in a run-off primary or special primary runoff in violation of Code Section
21-2-224.
(b) For
the purposes of this subsection, the word "plurality" shall mean the
receiving by one candidate alone of the highest number of votes cast. If the
municipal charter or ordinances of a municipality as now existing or as amended
subsequent to September 1, 1968, provide that a candidate may be nominated or
elected by a plurality of the votes cast to fill such nomination or public
office, such provision shall prevail. Otherwise, no municipal candidate shall
be nominated for public office in any primary or elected to public office in
any election unless such candidate shall have received a majority of the votes
cast to fill such nomination or public office.
(c) In
instances in which no municipal candidate receives a majority of the votes cast
and the municipal charter or ordinances do not provide for nomination or
election by a plurality vote, a run-off primary or election shall be held
between the candidates receiving the two highest numbers of votes. Such runoff
shall be held on the twenty-eighth day after the day of holding the first
primary or election, unless such run-off date is postponed by court order;
provided, however, that, in the case of a runoff from a municipal special
election that is held in conjunction with a special election for a federal
office and not in conjunction with a general primary or general election, the
municipality may conduct such runoff from such municipal special election on
the date of the special election runoff for the federal office. Only the
electors entitled to vote in the first primary or election shall be entitled to
vote in any run-off primary or election resulting therefrom; provided, however,
that no elector shall vote in a run-off primary in violation of Code Section
21-2-216. The run-off primary or election shall be a continuation of the first
primary or election, and only those votes cast for the candidates receiving the
two highest numbers of votes in the first primary or election shall be counted.
No write-in votes may be cast in such a primary, run-off primary, or run-off
election. If any candidate eligible to be in a runoff withdraws, dies, or is
found to be ineligible, the remaining candidates receiving the two highest
numbers of votes shall be the candidates in such runoff. The municipal
candidate receiving the highest number of the votes cast in such run-off primary
or run-off election to fill the nomination or public office sought shall be
declared the winner. The municipality shall give written notice to the
Secretary of State of such runoff as soon as such municipality certifies the
preceding primary, special primary, election, or special election.
(d) The
name of a municipal write-in candidate eligible for election in a municipal
runoff shall be printed on the municipal run-off election ballot in the
independent column.
(e) In
all cities having a population in excess of 100,000 according to the United
States decennial census of 1980 or any future such census, in order for a
municipal candidate to be nominated for public office in any primary or elected
to public office in any municipal election, he or she must receive a majority
of the votes cast.
(f) Except
for presidential electors, to be elected to public office in a general
election, a candidate must receive a majority of the votes cast in an election
to fill such public office. To be elected to the office of presidential
electors, no slate of candidates shall be required to receive a majority of the
votes cast, but that slate of candidates shall be elected to such office which
receives the highest number of votes cast.
History
Code
1933, § 34-1513, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1968, p.
257, § 2; Ga. L. 1969, p. 292, § 1; Ga. L. 1970, p. 347, § 30; Ga. L. 1971, p.
602, § 3; Ga. L. 1975, p. 867, § 1; Ga. L. 1979, p. 904, § 1; Ga. L. 1981, p.
1718, § 10; Ga. L. 1983, p. 827, § 2; Ga. L. 1986, p. 855, § 7; Ga. L. 1987, p.
417, § 10; Ga. L. 1994, p. 279, § 11; Ga. L. 1994, p. 1443, § 10; Ga. L. 1996,
p. 101, § 4; Ga. L. 1996, p. 145, § 20; Ga. L. 1997, p. 590, § 39; Ga. L. 1998,
p. 145, § 1; Ga. L. 1998, p. 295, § 1; Ga. L. 1998, p. 825, § 1; Ga. L. 1999,
p. 21, § 1; Ga. L. 1999, p. 52, § 17; Ga. L. 2001, p. 240, § 42; Ga. L. 2003,
p. 517, § 59; Ga. L. 2005, p. 253, §
63/HB 244; Ga. L. 2008, p. 817, § 7/HB
1098; Ga. L. 2010, p. 914, § 24/HB
540; Ga. L. 2014, p. 1, § 7/HB
310; Ga. L. 2017, p. 2, § 2/HB 42.
Annotations
Notes
THE 2017 AMENDMENT,
effective February 23, 2017, added the proviso at the end of paragraph (a)(6);
and added the proviso at the end of the second sentence of subsection (c).
EDITOR'S NOTES. --
Ga. L. 1983, p. 827, § 1, not codified by the General
Assembly, provided: "It is the intent of this Act to implement certain
changes required by Article II, Section II, Paragraph II of the Constitution of
the State of Georgia."
Case Notes
JUDICIAL DECISIONS
EDITOR'S NOTES. --In
light of the similarity of the statutory provisions, decisions under former
Code 1933, §§ 34-3212, 34-3213, 34A-1407 and Code Section 21-3-407 are included
in the annotations for this Code section.
CONSTITUTIONALITY.
--State run-off election for national senator on November 24 for resolving
plurality deadlock was valid under O.C.G.A. § 21-2-501 as a legitimate state
exercise of a "failure-to-elect" mechanism pursuant to 2 U.S.C. § 8,
and did not effect an unconstitutional regulation of the timing for elections
of United States Senators as mandated by 2 U.S.C. § 1, and U.S. Const., art. I,
sec. IV, cl. I. Nor was the election invalid on the grounds that O.C.G.A. §
21-2-501 violates U.S. Const., art. I, sec. III, cl. III, by adding as a
qualification for the office of United States Senator that a candidate receive
a majority of the votes cast, as it is more accurately interpreted as a method
for construing the meaning of the votes cast than as a way of describing the
candidates involved in the campaign. Public Citizen, Inc. v. Miller, 813 F.
Supp. 821 (N.D. Ga.), aff'd, 992 F.2d 1548 (11th Cir. 1993).
The majority vote
requirement of O.C.G.A. § 21-2-501, also known as the primary runoff
requirement, does not violate § 2 of the Voting Rights Act, 42 U.S.C. § 1973,
or the First, Fourteenth or Fifteenth Amendments to the United States
Constitution. Brooks v. Miller, 158 F.3d 1230 (11th Cir. 1998), cert. denied,
526 U.S. 1131, 119 S. Ct. 1805, 143 L. Ed. 2d 1008 (1999).
CONCEPT OF POLITICAL
EQUALITY IN THE VOTING BOOTH EXTENDS TO ALL PHASES OF STATE ELECTIONS. Gray v.
Sanders, 372 U.S. 368, 83 S. Ct. 801, 9 L. Ed. 2d 821 (1963) (decided under
former Code 1933, §§ 34-3212 and 34-3213).
ALL PARTICIPANTS
HAVE EQUAL VOTE. --Once the geographical unit for which a representative is to
be chosen is designated, all who participate in the election are to have an
equal vote. Gray v. Sanders, 372 U.S. 368, 83 S. Ct. 801, 9 L. Ed. 2d 821
(1963) (decided under former Code 1933, §§ 34-3212 and 34-3213).
IMPACT OF HB 310.
--Given that Ga. L. 2014, p. 1 (HB 310) encompassed comprehensive electoral
reforms, and was not merely a legislative fix for the violation of the 45-day
transmittal requirement of 42 U.S.C. § 1973ff-1(a)(8)(A), the court could not
conclude that the Georgia legislature would go back to the old electoral system
if the state's appeal were dismissed as moot. United States v. Georgia, 778
F.3d 1202 (11th Cir. 2015).
CANDIDATE IS ELECTED
BY PLURALITY OF VOTES CAST IF MUNICIPAL CHARTER OR ORDINANCE SO PROVIDES.
Barrett v. City of Perry, 229 Ga. 267, 191 S.E.2d 74 (1972) (decided under
former Code Section 1933, § 34A-1407).
CITED in Jenness v.
Fortson, 403 U.S. 431, 91 S. Ct. 1970, 29 L. Ed. 2d 554 (1971); Bond v. Fortson,
334 F. Supp. 1192 (N.D. Ga. 1971); Georgia v. United States, 411 U.S. 526, 93
S. Ct. 1702, 36 L. Ed. 2d 472 (1973); Pitts v. Carter, 380 F. Supp. 8 (N.D. Ga.
1974); Hill v. Brown, 227 Ga. 549, 181 S.E.2d 840 (1971); Pitts v. Busbee, 511
F.2d 126 (5th Cir. 1975); Pitts v. Cates, 536 F.2d 56 (5th Cir. 1976); Ingram
v. Lott, 238 Ga. 513, 233 S.E.2d 770 (1977); Bailey v. Vining, 514 F. Supp. 452
(M.D. Ga. 1981); Hall v. Holder, 955 F.2d 1563 (11th Cir. 1992); Jones v.
Norris, 262 Ga. 468, 421 S.E.2d 706 (1992); Hall v. Holder, 117 F.3d 1222 (11th
Cir. 1997); City of Monroe v. United States, 522 U.S. 34, 118 S. Ct. 400, 139
L. Ed. 2d 339 (1997).
Research References & Practice Aids
CROSS REFERENCES. --
Run-off elections, Ga. Const. 1983, Art. II, Sec. II, Para.
II.
LAW REVIEWS. --
For article on the 2014 amendment of this Code section, see
31 Ga. St. U. L. Rev. 93 (2014).
For note,
"Who Drew Congressional District Lines: The Georgia General Assembly or
the United States Department of Justice?," see 11 Ga. St. U. L. Rev. 381
(1995).
OPINIONS OF THE ATTORNEY
GENERAL
ELECTIONS FOR
PROBATE JUDGES ARE BY MAJORITY AND NOT PLURALITY VOTE. 1983 Op. Att'y Gen. No.
U83-16.
OFFICES REQUIRING
MAJORITY VOTE. --The Secretary of State, Attorney General, State School
Superintendent, Commissioner of Agriculture, and Commissioner of Labor must be
elected by a majority vote. 1997 Op. Att'y Gen. No. U97-20.
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, §§ 375, 380.
C.J.S. --
29 C.J.S., Elections, §§ 208 et seq., 421 et seq.
ALR. --
Basis for computing majority essential to the adoption of a
constitutional or other special proposition submitted to voters, 131 A.L.R.
1382.
Result of
election as affected by votes cast for deceased or disqualified person, 133
A.L.R. 319.
Construction and
application of Elections Clause of United States Constitution, U.S. Const. Art.
I, § 4, cl.1, and state constitutional provisions concerning congressional
elections, 34 A.L.R.6th 643.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-503
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 12. RETURNS
§ 21-2-503. Issuance of commission to person whose election
is contested; procedure upon finding that person to whom commission was issued
was not legally elected; swearing into office of person whose election is
contested
(a) A
commission which is to be issued, as provided for by this chapter, to any
person elected to any office shall be issued notwithstanding the fact that the
election of such person to any such office may be contested in the manner
provided by this chapter. Whenever it shall appear, by the final judgment of
the proper tribunal having jurisdiction of a contested election, that the
person to whom such commission shall have been issued has not been elected
legally to the office for which he or she has been commissioned, then a
commission shall be issued to the person who shall appear to be elected legally
to such office. The issuing of such commission shall nullify the commission
already issued; and all power and authority first issued under such commission
shall thereupon cease.
(b) Upon
the certification of the results of the election, a person elected to a
municipal office may be sworn into office notwithstanding that the election of
such person may be contested in the manner provided by this chapter. Upon the
final judgment of the proper tribunal having jurisdiction of a contested
election which orders a second election or declares that another person was
legally elected to the office, the person sworn into municipal office shall
cease to hold the office and shall cease to exercise the powers, duties, and
privileges of the office immediately.
(c) Upon
the certification of the results of the election, a person elected to a
federal, state, or county office may be sworn into office notwithstanding that
the election of such person may be contested in the manner provided by this
chapter. Upon the final judgment of the proper tribunal having jurisdiction of
a contested election which orders a second election or declares that another
person was legally elected to the office, the person sworn into such office
shall cease to hold the office and shall cease to exercise the powers, duties,
and privileges of the office immediately.
History
Ga.
L. 1893, p. 124, § 1; Civil Code 1895, § 107; Ga. L. 1898, p. 44, § 1; Civil
Code 1910, § 121; Code 1933, § 34-2801; Code 1933, § 34-1512, enacted by Ga. L.
1969, p. 292, § 1; Ga. L. 1970, p. 347, § 30; Ga. L. 1993, p. 118, § 1; Ga. L.
1998, p. 295, § 1; Ga. L. 2011, p. 683,
§ 20/SB 82.
Annotations
Research References & Practice Aids
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, §§ 381 et seq., 438.
C.J.S. --
29 C.J.S., Elections, §§ 427 et seq., 542 et seq.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-502
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 12. RETURNS
§ 21-2-502. Issuance of certificates of election and
commission; Governor's proclamation as to constitutional amendments
(a) Governor and other constitutional officers. Upon completing the tabulation of
any election for Governor, Lieutenant Governor, Secretary of State, Attorney
General, State School Superintendent, Commissioner of Insurance, Commissioner
of Agriculture, or Commissioner of Labor, the Secretary of State shall lay the
same before the Governor upon his or her oath of office as Governor; and the
Governor, upon the other constitutional officers taking their oaths of office, shall
issue a commission under the great seal of the State of Georgia signed by the
Governor and countersigned by the Secretary of State, to each such person. The
Secretary of State shall issue the commission to the person elected Governor.
(b) United States senators; representatives in Congress; members of the
General Assembly.
(1) Upon
completing the tabulation of any election for United States senator or
representative in Congress, the Secretary of State shall lay the same before
the Governor, who shall immediately issue certificates of election and
commissions under the seal of the state, duly signed by the Governor and
attested by the Secretary of State and deliver the same to the candidates
receiving the required number of votes to be elected to the respective
offices.
(2) The
Secretary of State shall issue certificates of election to the persons elected
members of the Senate and the House of Representatives of the General Assembly
and, between the hours of 12:00 Noon and 1:00 P.M. on the second Monday in
January of each odd-numbered year, present before the Senate and the House of
Representatives the several returns of the elections of members of the
respective houses. In case of a special election the Secretary of State shall
issue a certificate of election to each person so elected, and the Secretary of
State shall present the returns of such election to the proper house as soon as
received and tabulated by the Secretary of State. Immediately upon their taking
the oath of office, each member of the Senate and the House of Representatives
shall be issued a commission under the great seal of the State of Georgia,
signed by the Secretary of State.
(c) Justices
of the Supreme Court, Judges of the Court of Appeals, Commissioners of the
Georgia Public Service Commission, judges of the superior court, judges of the
juvenile court, and district attorneys.
Upon completion of the tabulation the Secretary of State shall certify the
result of each election of Justices of the Supreme Court, of Judges of the
Court of Appeals, of Commissioners of the Georgia Public Service Commission, of
judges of the superior court, of judges of the juvenile court where elected,
and of district attorneys to the Governor and shall issue a certificate of
election to each person so elected. The Governor shall, upon each such person
taking the oath of office, immediately issue a commission under the great seal
of the State of Georgia, signed by the Governor and countersigned by the
Secretary of State, to each such person.
(d) County officers. The
superintendent in each county shall, as soon as the returns have been properly
certified, issue certificates of election to the successful candidates for all
county officers to be filled by the votes of electors of such county.
Immediately upon taking the oath of office, each such county officer shall be
issued a commission under the seal of the executive department, signed by the
Governor and countersigned by one of his or her secretaries.
(e) Presidential electors. The
Secretary of State, on receiving and computing the returns of presidential
electors, shall lay them before the Governor, who shall enumerate and ascertain
the number of votes for each person so voted for and shall cause a certificate
of election to be delivered to each person so chosen.
(f) Constitutional amendments. Upon
receiving the certified results of elections on all constitutional amendments
from the Secretary of State, the Governor shall issue his or her proclamation
declaring the results of the vote of each amendment.
History
Orig.
Code 1863, § 1252; Code 1868, § 1333; Code 1873, § 1312; Ga. L. 1880-81, p. 67,
§ 1; Code 1882, § 1312; Ga. L. 1888, p. 33, § 1; Civil Code 1895, § 90; Civil
Code 1910, § 104; Code 1933, § 34-2502; Ga. L. 1958, p. 208, § 7; Code 1933, §
34-1511, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1969, p. 292, §
1; Ga. L. 1970, p. 347, § 30; Ga. L. 1983, p. 884, § 6-7; Ga. L. 1984, p. 565,
§ 2; Ga. L. 1985, p. 206, § 1; Ga. L. 1986, p. 32, § 1; Ga. L. 1994, p. 279, §
12; Ga. L. 1995, p. 1027, § 15; Ga. L. 1998, p. 295, § 1.
Annotations
Notes
EDITOR'S NOTES. --
Ga. L. 1984, p. 565, § 4, not codified by the General
Assembly, provided that that Act would apply to judges of the juvenile court
elected or appointed after July 1, 1984.
Case Notes
JUDICIAL DECISIONS
CITED in Bond v.
Fortson, 334 F. Supp. 1192 (N.D. Ga. 1971).
Research References & Practice Aids
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, § 372.
C.J.S. --
29 C.J.S., Elections, § 417 et seq.
ALR. --
Basis for computing majority essential to the adoption of a
constitutional or other special proposition submitted to voters, 131 A.L.R.
1382.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-504
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 12. RETURNS
§ 21-2-504. Special primary or election upon failure to
nominate or elect or upon death, withdrawal, or failure of officer-elect to
qualify
(a) Whenever
any primary or election shall fail to fill a particular nomination or office
and such failure cannot be cured by a run-off primary or election, whenever any
person elected to public office shall die or withdraw prior to taking office,
or whenever any person elected to public office shall fail to take that office
validly, the authority with whom the candidates for such nomination or office
file notice of candidacy shall call a special primary or election to fill such
position. If a special primary will not be held and unless otherwise provided
by law, the call of a special election shall be made within 45 days after the
occurrence of the vacancy.
(b) Whenever
any person elected to municipal public office shall, after taking office, die,
withdraw, or for any other reason create a vacancy in his or her office and the
municipal charter fails to provide a method for the filling of such vacancy,
the governing authority shall thereupon call a special election to fill such
vacancy.
History
Code
1933, § 34-1514, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1969, p.
292, § 1; Ga. L. 1970, p. 347, § 30; Ga. L. 1980, p. 685, § 1; Ga. L. 1984, p.
1, § 13; Ga. L. 1998, p. 295, § 1.
Annotations
Notes
EDITOR'S NOTES. --
In light of the similarity of the statutory provisions,
decisions under former Code 1933, § 34-1515 are included in the annotations for
this Code section.
Case Notes
JUDICIAL DECISIONS
O. C.G.A.
§ 21-2-504(A) CODIFIES COMMON-LAW RULE requiring the calling of a new election
when the winner of an election is ineligible to assume office. Duncan v.
Poythress, 657 F.2d 691 (5th Cir. 1981), cert. dismissed, 459 U.S. 1012, 103 S.
Ct. 368, 74 L. Ed. 2d 504 (1982).
INTENT. --By the
enactment of O.C.G.A. § 21-2-504, the General Assembly intended to allow the
electorate to fill an elective term which would be vacant from its inception.
By specifying death and withdrawal as events which trigger the special election
requirement, the General Assembly indicated the full reach of its intention by
providing for a new election when either involuntary or voluntary actions
created such a vacancy. Duncan v. Poythress, 657 F.2d 691 (5th Cir. 1981),
cert. dismissed, 459 U.S. 1012, 103 S. Ct. 368, 74 L. Ed. 2d 504 (1982).
STATE ENCROACHMENT
ON RIGHT TO VOTE. --To survive strict judicial scrutiny, any state encroachment
on the right to vote must be justified by a compelling state interest. Duncan
v. Poythress, 515 F. Supp. 327 (N.D. Ga.), aff'd, 657 F.2d 691 (5th Cir. 1981),
cert. dismissed, 459 U.S. 1012, 103 S. Ct. 368, 74 L. Ed. 2d 504 (1982).
MANNER OF FILLING
VACANCIES BEFORE AND DURING TERM DISTINGUISHED. --When a vacancy occurs during
the term of office of a Justice of the Supreme Court of Georgia, the seat is
filled by executive appointment, but when the vacancy occurs after a general
election and prior to the commencement of the term, the seat is filled by a
special election called for that purpose. Duncan v. Poythress, 515 F. Supp. 327
(N.D. Ga.), aff'd, 657 F.2d 691 (5th Cir. 1981), cert. dismissed, 459 U.S.
1012, 103 S. Ct. 368, 74 L. Ed. 2d 504 (1982).
SUBSECTION (A)
APPLICABLE TO RESIGNATIONS. --Although subsection (a) specifies only death and
withdrawal as events which trigger a special election, it seems clear that the
General Assembly meant, by withdrawal, any voluntary vacating of the position
to which one had been elected and the ordinary, logical means by which an
incumbent voluntarily leaves office is by resignation. Therefore, if subsection
(a) is to serve its intended purpose, its language must be construed to
encompass resignations. Duncan v. Poythress, 515 F. Supp. 327 (N.D. Ga.),
aff'd, 657 F.2d 691 (5th Cir. 1981), cert. dismissed, 459 U.S. 1012, 103 S. Ct.
368, 74 L. Ed. 2d 504 (1982).
The term
"withdraw" in O.C.G.A. § 21-2-504 must be read to encompass
resignations. Only then will it effectuate the legislative purpose of allowing
the people of this state to fill vacancies which occur in elective offices
either voluntarily (by withdrawal) or involuntarily (by death) before an
elected official assumes office. Duncan v. Poythress, 657 F.2d 691 (5th Cir.
1981), cert. dismissed, 459 U.S. 1012, 103 S. Ct. 368, 74 L. Ed. 2d 504
(1982).
CITED in Bond v.
Fortson, 334 F. Supp. 1192 (N.D. Ga. 1971).
Research References & Practice Aids
CROSS REFERENCES. --
Special elections and primaries generally, § 21-2-540, et
seq.
ADMINISTRATIVE RULES AND
REGULATIONS. --
Calls for primaries and elections, Official Compilation of
the Rules and Regulations of the State of Georgia, Georgia Election Code, Dates
of Primaries and Elections, § 183-1-8-.01.
OPINIONS OF THE ATTORNEY
GENERAL
IF NO ONE ELECTED IN
SPECIAL ELECTION, OFFICES FILLED BY RUNOFF ELECTION. --If no one is elected in
a special election, the offices of justice of the peace (now magistrate) and
constable must be filled by a runoff election rather than by appointment. 1969
Op. Att'y Gen. No. 69-59 (decided under former Code 1933, § 34-1515).
ELIGIBLE CANDIDATE
MAY OFFER FOR TWO OFFICES. --A candidate, otherwise eligible as a runoff
candidate, may offer for both the office of justice of the peace (now
magistrate) and the office of constable in a runoff election. 1969 Op. Att'y
Gen. No. 69-209.
SPECIAL ELECTION
PROPER TO FILL OFFICE WHERE ELECTED PERSON WITHDRAWS. --A special election is
the proper procedure to fill the office of district attorney in the event the
person elected to the office in the general election has withdrawn. 1976 Op.
Att'y Gen. No. 76-120.
WRITE-IN CANDIDATE
FAILING TO PROVIDE PRIOR NOTICE OF CANDIDACY. --A vacancy in an office which
results from a determination that the election for that office failed because
of a failure to comply with the constitutional requirement that a write-in
candidate publish and provide prior notice of candidacy is filled by a special
election. 1976 Op. Att'y Gen. No. 76-56.
INDIVIDUAL RECEIVING
NO VOTES IN GENERAL PRIMARY. --This section did not permit a special primary to
be called a nomination for which only one individual qualified where the
individual received no votes in the general primary. 1978 Op. Att'y Gen. No.
78-60.
RIGHT TO VOTE IN
SPECIAL PRIMARY OR ELECTION. --If a special primary or election is called,
voters who did not register or vote previously in the regular primary are still
entitled to vote in the special primary or election provided they register to
vote on the fifth day after the call of such special primary or election. 1982
Op. Att'y Gen. No. 82-53.
If a special
primary is held for the United States House of Representatives, a person is not
bound to vote in the same political party's primary in which the person voted
previously in the regular primary. 1982 Op. Att'y Gen. No. 82-53.
AM. JUR. 2D. --
25 Am. Jur. 2d, Elections, § 1.
C.J.S. --
29 C.J.S., Elections, § 181.
ALR. --
Death or disability of one elected to office before
qualifying as creating a vacancy, 74 A.L.R. 486.
Statutory
provision as to manner and time of notice of special election as mandatory or
directory, 119 A.L.R. 661.
Hierarchy Notes:
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OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-520
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 13. CONTESTED ELECTIONS AND
PRIMARIES
§ 21-2-520. Definitions
As
used in this article, the term:
(1) "Contestant"
means any person or persons entitled under Code Section 21-2-521 to contest the
result of any primary or election.
(2) "Defendant"
means:
(A) The person whose nomination or
election is contested;
(B) The person or persons whose eligibility
to seek any nomination or office in a run-off primary or election is
contested;
(C) The
election superintendent or superintendents who conducted the contested primary
or election; or
(D) The
public officer who formally declared the number of votes for and against any
question submitted to electors at an election.
History
Code
1933, § 34-1701, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1987, p.
1050, § 1; Ga. L. 1998, p. 295, § 1.
Annotations
Case Notes
JUDICIAL DECISIONS
FAILURE TO NAME
BOARD OF REGISTRATION AND ELECTIONS AS A PARTY. --In an election contest, the
trial court did not err in denying an incumbent's motion to dismiss a
challenger's lawsuit merely because that challenger failed to name the Board of
Registration and Elections as the proper party defendant, as the failure to
name the proper parties was an amendable defect, correctable by the parties or
upon the court's own motion. Brodie v. Champion, 281 Ga. 105, 636 S.E.2d 511
(2006).
CITED in Ollila v.
Graham, 126 Ga. App. 288, 190 S.E.2d 542 (1972).
Research References & Practice Aids
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. TITLE 21 Chapter 2 Article 13
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 13. CONTESTED ELECTIONS AND PRIMARIES
TITLE 21 Chapter 2 Article 13 NOTE
Annotations
Case Notes
JUDICIAL DECISIONS
GEORGIA ELECTION CODE PROVIDES LIBERAL RULES FOR THE CONTESTING OF ELECTIONS AND STRICT PENALTIES FOR VIOLATIONS. Hollifield v. Vickers, 118 Ga. App. 229, 162 S.E.2d 905 (1968).
STATE COURTS HAVE JURISDICTION TO RECOUNT BALLOTS CAST IN CONGRESSIONAL CONTESTS. --The courts of this state have jurisdiction of a proceeding brought under the provisions of the Georgia Election Code to obtain a recount of all or a portion of the ballots cast in an election for a representative to either house in the Congress. Blackburn v. Hall, 115 Ga. App. 235, 154 S.E.2d 392 (1967).
TO CAST DOUBT ON AN ELECTION IT IS ONLY NECESSARY TO SHOW: (1) electors voted in the particular contest being challenged; and (2) a sufficient number of them were not qualified to vote so as to cast doubt on the election. Taggart v. Phillips, 242 Ga. 454, 249 S.E.2d 245, later appeal, 242 Ga. 484, 249 S.E.2d 268 (1978).
CONTEST MOOT. --A challenge to primary election results by an unsuccessful candidate was moot and subject to dismissal where the candidate did not seek to advance case so that the candidate's challenge was docketed and considered before the general election. Payne v. Chatman, 267 Ga. 873, 485 S.E.2d 723 (1997); Caplan v. Hattaway, 269 Ga. 582, 501 S.E.2d 195 (1998).
CITED in Campbell v. Hunt, 115 Ga. App. 682, 155 S.E.2d 682 (1967); Lester v. Boone, 242 Ga. 445, 249 S.E.2d 617 (1978); Martin v. Fulton County Bd. of Registration & Elections, 307 Ga. 193, 835 S.E.2d 245 (2019).
Research References & Practice Aids
LAW REVIEWS. --
For note, "Georgia Election Contest Procedures," see 22 Ga. St. B. J. 44 (1985).
ALR. --
Treatment of excess or illegal ballots when it is not known for which candidate or on which side of a proposition they were cast, 155 A.L.R. 677.
Admissibility of parol evidence of election officials to impeach election returns, 46 A.L.R.2d 1385.
Hierarchy Notes:
Title Note
Hierarchy Notes:
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OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-522.1
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 13. CONTESTED ELECTIONS AND PRIMARIES
§ 21-2-522.1. Rebuttable presumption of legal vote in
contested election
Notwithstanding
any other provisions of this chapter, for the purposes of election contests, a
vote cast by a person who has been listed on the official list of electors for
a period of ten years or longer shall be rebuttably presumed to be a legal vote
despite an unsigned voter registration card, so long as that person continues
to meet the eligibility requirements of Code Section 21-2-216. For such a
voter, there shall be a rebuttable presumption that the voter has taken the
oath and that the voter registration card is a replacement of the original voter
registration card.
History
Code 1981, § 21-2-522.1, enacted by Ga. L. 1995, p. 1027, § 16A; Ga. L. 1998, p. 295, § 1.
Annotations
JUDICIAL DECISIONS
EVIDENCE SUFFICIENT TO SHOW DOUBT AS TO VALIDITY OF ELECTION RESULTS. --Because the trial court's finding that four voters in a local election were improperly disenfranchised was not clearly erroneous, and the wrongful rejection of those votes was sufficient to place the results of the election in doubt pursuant to O.C.G.A. § 21-2-522(3), the trial court's act of ordering a new election was upheld on appeal. McIntosh County Bd. of Elections v. Deverger, 282 Ga. 566, 651 S.E.2d 671 (2007).
EVIDENCE INSUFFICIENT TO SHOW DOUBT AS TO VALIDITY OF ELECTION RESULTS. --Two candidates who lost city council races by 126 and 133 votes failed to produce evidence placing the results of the election in doubt based on a malfunctioning machine that produced 60 additional votes prior to recertification of the results and 21 absentee ballots alleged to have been improperly counted. Scoggins v. Collins, 288 Ga. 26, 701 S.E.2d 134 (2010), overruled on other grounds by Parham v. Stewart, 2020 Ga. LEXIS 128 (Ga. 2020).
Research References & Practice Aids
LAW REVIEWS. --
For survey article on local government law, see 60 Mercer L. Rev. 263 (2008).
Hierarchy Notes:
Title Note
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Hierarchy Notes:
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OFFICIAL CODE OF GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-521
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 13. CONTESTED ELECTIONS AND PRIMARIES
§ 21-2-521. Primaries and elections which are subject to
contest; persons who may bring contest
The
nomination of any person who is declared nominated at a primary as a candidate
for any federal, state, county, or municipal office; the election of any person
who is declared elected to any such office (except when otherwise prescribed by
the federal Constitution or the Constitution of Georgia); the eligibility of
any person declared eligible to seek any such nomination or office in a run-off
primary or election; or the approval or disapproval of any question submitted
to electors at an election may be contested by any person who was a candidate
at such primary or election for such nomination or office, or by any aggrieved
elector who was entitled to vote for such person or for or against such
question.
History
Code 1933, § 34-1702, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1968, p. 871, § 17; Ga. L. 1998, p. 295, § 1.
Annotations
JUDICIAL DECISIONS
EDITOR'S NOTES. --In light of the similarity of the statutory provisions, decisions under former Code 1933, § 34A-1501 and Code Section 21-3-421 are included in the annotations for this Code section.
THIS SECTION RELATED MERELY TO PROCEDURAL MATTERS OF APPEAL and not to the substantive right to a jury trial once the appeal has been perfected. Bell v. Cronic, 248 Ga. 457, 283 S.E.2d 476 (1981) (decided under former Code 1933, § 34A-1501).
EFFECT OF FILING IN WRONG COURT. --Filing an independent suit, rather than a notice of appeal, in the lower tribunal was sufficient to vest the superior court with jurisdiction to decide the appeal from the adverse decision of the mayor and city council, and the superior court was bound to make the determination whether the procedural irregularity caused unreasonable or inexcusable delay. Hanson v. Wilson, 257 Ga. 5, 354 S.E.2d 126 (1987).
NOTICE OF CONTEST TO STATE ELECTION BOARD. --Former Code 1933, § 34-203(d) (see now O.C.G.A. § 21-2-32(g)), requiring a copy of the proceeding in any action contesting an election or primary, except those instituted by the state election board, to be served on the board by mailing the copy to the chairman by certified or registered mail, is made applicable to municipal elections by the provisions contained in former Code 1933, § 34A-110 (formerly § 21-3-7). Collins v. Williams, 237 Ga. 576, 229 S.E.2d 388 (1976); Lyde v. City of Brunswick, 241 Ga. 554, 246 S.E.2d 673 (1978).
TIME LIMIT AS TO APPEALS. --The failure of a contestant to meet the statutory requirement of filing an appeal to the superior court within 10 days from the town's rejection of the contestant's protest requires dismissal of the appeal. Nevels v. City of Sale City, 128 Ga. App. 57, 195 S.E.2d 657 (1973).
ONLY CANDIDATES HAVE STANDING TO CONTEST ELECTION RESULTS. --Where the election is between or among candidates for a public office, it is only one or more of those candidates that have standing to file a petition to contest the results of the election. A mere citizen-voter who was not a candidate in the election does not have standing. Campbell v. Carroll, 233 Ga. 87, 209 S.E.2d 624 (1974).
THIS SECTION ONLY PROVIDES A MEANS FOR CONTESTING THE RESULT OF A COMPLETED ELECTION. Committee for New Cobb County Revenue v. Brown, 228 Ga. 364, 185 S.E.2d 534 (1971).
PERSON HAVING FELONY CONVICTIONS NOT "AGGRIEVED ELECTOR". --A person who has felony convictions for burglary and receiving stolen goods is not eligible to vote and is thus not an "aggrieved elector" able to contest an election. Mathews v. Gibbs, 238 Ga. 680, 235 S.E.2d 3 (1977).
MANDAMUS ACTION TO COMPEL PROBATE JUDGE TO VERIFY SIGNATURES. --Where plaintiffs filed a mandamus action to force the probate judge to properly verify the signatures on a recall petition and notwithstanding a reference to O.C.G.A. § 21-2-521 regarding the contesting of results of primaries or elections and the inclusion of prayers for equitable relief, the complaint stated a claim under O.C.G.A. § 21-4-17, and its dismissal was error. Howell v. Tidwell, 256 Ga. 647, 352 S.E.2d 372 (1987).
ELECTION CHALLENGER'S TIMELY FILED ELECTION CONTEST, FILED AFTER THE ELECTION, WAS ERRONEOUSLY DISMISSED, as such was not moot merely because the challenger failed to file the contest prior to the election, given that no statutory provision or case law supported this proposition, and the petition sufficiently stated a claim upon which relief could be granted. Allen v. Yost, 281 Ga. 102, 636 S.E.2d 517 (2006), appeal dismissed, 282 Ga. 865, 655 S.E.2d 580 (2008).
CITED in Richmond County Bus. Ass'n v. Richmond County, 223 Ga. 337, 155 S.E.2d 395 (1967); Bell v. Southwell, 376 F.2d 659 (5th Cir. 1967); Hollifield v. Vickers, 118 Ga. App. 229, 162 S.E.2d 905 (1968); Hill v. Brown, 227 Ga. 549, 181 S.E.2d 840 (1971); Johnson v. Rheney, 245 Ga. 316, 264 S.E.2d 872 (1980); Moore v. Burden, 245 Ga. 567, 266 S.E.2d 181 (1980); Highsmith v. Clark, 245 Ga. 158, 264 S.E.2d 1 (1980); Dolvin v. Town of Siloam, 246 Ga. 131, 269 S.E.2d 23 (1980); Jackson v. Dingle, 160 Ga. App. 773, 287 S.E.2d 110 (1982); Geron v. Calibre Cos., 250 Ga. 213, 296 S.E.2d 602 (1982); Martin v. Fulton County Bd. of Registration & Elections, 307 Ga. 193, 835 S.E.2d 245 (2019).
Research References & Practice Aids
LAW REVIEWS. --
For survey article on local government law, see 34 Mercer L. Rev. 225 (1982). For article, "The Civil Jurisdiction of State and Magistrate Courts," see 24 Ga. St. B. J. 29 (1987).
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, § 403 et seq.
C.J.S. --
29 C.J.S., Elections, §§ 441, 460 et seq.
ALR. --
Effect of irregularities or defects in primary petitions -- State cases, 14 A.L.R.6th 543.
Hierarchy Notes:
Title Note
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Hierarchy Notes:
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OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-522
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 13. CONTESTED ELECTIONS AND
PRIMARIES
§ 21-2-522. Grounds for contest
A
result of a primary or election may be contested on one or more of the
following grounds:
(1) Misconduct,
fraud, or irregularity by any primary or election official or officials
sufficient to change or place in doubt the result;
(2) When
the defendant is ineligible for the nomination or office in dispute;
(3) When
illegal votes have been received or legal votes rejected at the polls
sufficient to change or place in doubt the result;
(4) For
any error in counting the votes or declaring the result of the primary or
election, if such error would change the result; or
(5) For
any other cause which shows that another was the person legally nominated,
elected, or eligible to compete in a run-off primary or election.
History
Code
1933, § 34-1703, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1986, p.
772, § 6; Ga. L. 1993, p. 617, § 10; Ga. L. 1995, p. 1027, § 16; Ga. L. 1998,
p. 295, § 1; Ga. L. 2008, p. 261, §
1/SB 456.
Annotations
Notes
EDITOR'S NOTES. --
In light of the similarity of the statutory provisions,
opinions under former Code 1933, § 34A-1501 and former Code Section 21-3-422
are included in the annotations for this Code section.
JUDICIAL DECISIONS
EDITOR'S NOTES. --In
light of the similarity of the statutory provisions, decisions under former
Code 1933, § 34-3101 and former Code Section 21-3-422 are included in the
annotations for this Code section.
CONSTRUCTION. --The
Georgia Election Code provides liberal rules for the contesting of elections
and strict penalties for violations. Laite v. Stewart, 112 Ga. App. 853, 146
S.E.2d 553 (1965).
FORMER CODE 1933, §
34-1703 (SEE NOW O.C.G.A. § 21-2-522) ONLY PROVIDES A MEANS FOR CONTESTING THE
RESULT OF A COMPLETED ELECTION. Committee for New Cobb County Revenue v. Brown,
228 Ga. 364, 185 S.E.2d 534 (1971).
FAILURE TO PLACE A
CANDIDATE'S NICKNAME ON THE BALLOT could not be considered an act of misconduct
within the meaning of O.C.G.A. § 21-2-522(1). Maye v. Pundt, 267 Ga. 243, 477
S.E.2d 119 (1996).
Even assuming
that a candidate had a right to have a nickname placed on the ballot and that
failure to do so constituted an act of misconduct, the candidate failed to
carry the candidate's burden to show that failure to do so changed or placed in
doubt the result of the election. Maye v. Pundt, 267 Ga. 243, 477 S.E.2d 119
(1996).
REQUIRED SHOWING.
--A party seeking to contest an election on the grounds that legal voters were
improperly turned away at the polls need not establish how rejected voters
would have voted; the party need only establish that sufficient legal votes
were rejected to change or place in doubt the result. Whittington v. Mathis,
253 Ga. 653, 324 S.E.2d 727 (1985).
An unsuccessful
candidate for city council, who contested the election under former §
21-2-422(1), failed to show that the alleged misconduct impacted on the number
of voters necessary for the candidate to carry the candidate's burden of
showing that the alleged misconduct was sufficient to change or place in doubt
the result of the election. Johnson v. Collins, 260 Ga. 152, 391 S.E.2d 113
(1990) (decided under former § 21-3-422).
ELECTION
CHALLENGER'S TIMELY FILED ELECTION CONTEST, FILED AFTER THE ELECTION, WAS
ERRONEOUSLY DISMISSED, as such was not moot merely because the challenger
failed to file the contest prior to the election, given that no statutory
provision or case law supported this proposition, and the petition sufficiently
stated a claim upon which relief could be granted. Allen v. Yost, 281 Ga. 102,
636 S.E.2d 517 (2006), appeal dismissed, 282 Ga. 865, 655 S.E.2d 580
(2008).
EVIDENCE SUFFICIENT
TO SHOW DOUBT AS TO VALIDITY OF ELECTION RESULTS. --See Stuckey v. Storms, 265
Ga. 491, 458 S.E.2d 344 (1995).
Because the trial
court's finding that four voters in a local election were improperly
disenfranchised was not clearly erroneous, and the wrongful rejection of those
votes was sufficient to place the results of the election in doubt pursuant to
O.C.G.A. § 21-2-522(3), the trial court's act of ordering a new election was
upheld on appeal. McIntosh County Bd. of Elections v. Deverger, 282 Ga. 566,
651 S.E.2d 671 (2007).
ELECTION RETURNS
CARRY A PRESUMPTION OF VALIDITY. Johnson v. Rheney, 245 Ga. 316, 264 S.E.2d 872
(1980); Walls v. Garrett, 247 Ga. 640, 277 S.E.2d 903 (1981).
In the absence of
proof to the contrary, elections held under legally constituted authority are
presumed to be regular and valid. Lowe v. Weltner, 118 Ga. App. 635, 164 S.E.2d
919 (1968), cert. denied, 396 U.S. 820, 90 S. Ct. 58, 24 L. Ed. 2d 70
(1969).
BURDEN OF
ESTABLISHING IRREGULARITY OR ILLEGALITY sufficient to change or place in doubt
the election result is on the party contesting the election. Walls v. Garrett,
247 Ga. 640, 277 S.E.2d 903 (1981).
Trial court
properly invalidated the primary election and ordered that a new election be
held since plaintiff candidate satisfied the burden under O.C.G.A. §
21-2-522(1) by affirmatively showing that a sufficient number of votes were
irregularly recorded to make a difference or cast doubt on the outcome. Howell
v. Fears, 275 Ga. 627, 571 S.E.2d 392 (2002).
In an election
contest under O.C.G.A. § 21-2-522 regarding a race for lieutenant governor, the
small number of irregularities involved with the direct-recording electronic
(DRE) voting system and the lack of evidence of misconduct by any election
official was insufficient to overcome the winner's margin of victory of 123,172
votes. Further, the trial court did not err in limiting discovery of the DRE
machines or in denying the challengers' motion for a continuance and jury trial
demand. Martin v. Fulton County Bd. of Registration & Elections, 307 Ga.
193, 835 S.E.2d 245 (2019).
REQUIRED SHOWING.
--Under former Code 1933, § 34-1703 (see now O.C.G.A. § 21-2-522), the
contestant must show that a sufficient number of electors voted illegally or
were irregularly recorded in the contest being challenged to change or cast
doubt on the election. Walls v. Garrett, 247 Ga. 640, 277 S.E.2d 903
(1981).
FAILURE TO GIVE
REQUIRED OATHS TO VOTERS RECEIVING ASSISTANCE along with other irregularities
were sufficient to cast doubt on the results of an election. McCranie v.
Mullis, 267 Ga. 416, 478 S.E.2d 377 (1996).
THREE VOTES
SUFFICIENT TO CAST DOUBT ON ELECTION RESULT. --A difference of three votes is
enough to cast the results of an election in doubt and is a sufficient ground
to contest the election. Bell v. Cronic, 248 Ga. 457, 283 S.E.2d 476
(1981).
CONSIDERATION OF
CONSEQUENCES OF MISCONDUCT. --The authority of courts to declare an election
void regardless of the consequences of the misconduct or irregularities claimed
no longer exists. Laite v. Stewart, 112 Ga. App. 853, 146 S.E.2d 553
(1965).
EFFECT OF HARMLESS
IRREGULARITIES. --Where election is fairly and honestly conducted, it will not
be invalidated by mere irregularities which are not shown to have affected the
result. Miles v. State, 96 Ga. App. 610, 101 S.E.2d 173 (1957).
NOT NECESSARY TO
DETERMINE VOTE DENIAL ALLEGATION WHERE DIFFERENT RESULT NOT CONTENDED. --Where
it was not contended that the result of the election would have been different,
it was unnecessary to determine whether an unspecified number of persons, whose
names did not appear on the voter's list for the last general election, were
properly or improperly denied the right to vote in an election held for the
purpose of authorizing a bond issue within a county school district. Pinion v.
Walker County School Dist., 203 Ga. 99, 45 S.E.2d 405 (1947).
EXCLUSION OF AN
INELIGIBLE NOMINEE will not change the result of an election or cast doubt upon
its outcome so that an election contest predicated on such exclusion can be
maintained. Tripp v. Holder, 119 Ga. App. 608, 168 S.E.2d 189 (1969).
OBJECTIONS TO
IRREGULARITIES IN THE NOMINATION OF A CANDIDATE should be taken prior to
election and it is too late to object after the nominee's name has been placed
on the ballot and the nominee has been elected to office. Tate v. Morley, 223
Ga. 36, 153 S.E.2d 437 (1967).
ILLEGAL VOTES GROUND
FOR CONTESTING MUNICIPAL ELECTION. --Although the Georgia Election Code was not
applicable by its terms to municipal elections under former Code 1933, § 34-102
(see now O.C.G.A. § 21-2-15), in the absence of any statutory grounds for
contest in the former Municipal Code, the ground for contest in former Code
1933, § 34-102(c) (see now O.C.G.A. § 21-2-15) was a good ground of contest in
a municipal election. Davidson v. Bryan, 242 Ga. 282, 248 S.E.2d 657
(1978).
ILLEGALLY ISSUED
ABSENTEE BALLOTS need not be considered illegal votes as such because the
ballot itself is still the expressed will of the elector. Johnson v. Rheney,
245 Ga. 316, 264 S.E.2d 872 (1980).
ELECTOR MOVING TO
NEW DISTRICT WITHIN COUNTY. --An elector who moves residence to a new election
district within the same county within 30 days prior to a primary or election
may not vote in the election district in which the elector was formerly registered
to vote, but should notify the board of registrars, so as to have the elector's
name appear on the proper list of electors. Taggart v. Phillips, 242 Ga. 484,
249 S.E.2d 268 (1978).
SHOWING THAT ILLEGAL
VOTES AFFECTED OUTCOME REQUIRED. --To change or place in doubt the result of an
election, it must be affirmatively shown that enough illegal votes were cast
for the candidates involved so as to make a difference in the outcome. Miller
v. Kilpatrick, 140 Ga. App. 193, 230 S.E.2d 328 (1976).
It must be shown
that a sufficient number of electors voted illegally or were irregularly
recorded in the contest being challenged to change or cast doubt on the
election. Taggart v. Phillips, 242 Ga. 484, 249 S.E.2d 268 (1978).
NO ESTOPPEL AGAINST
CONTESTANT UNLESS PARTICIPANT IN ILLEGALITY. --Generally, unless the person
contesting an election participated in the illegality alleged, the person is
not estopped to prove the illegality. Davidson v. Bryan, 242 Ga. 282, 248
S.E.2d 657 (1978).
PRE-ELECTION
CHALLENGE NOT REQUIRED. --There is no statutory provision requiring a candidate
to challenge illegal registrants before the election. Davidson v. Bryan, 242
Ga. 282, 248 S.E.2d 657 (1978).
MANDATORY NATURE OF
ELECTION LAW WHEN PRE-ELECTION ENFORCEMENT SOUGHT. --All provisions of the
election law are mandatory if enforcement is sought before election in a direct
proceeding for that purpose; but after the election all should be held
directory only, in support of the result, unless of a character to effect an
obstruction to the free and intelligent casting of the vote, or the
ascertainment of the result, or unless the provisions affect an essential
element of the election, or unless it is expressly declared by statute that the
particular act is essential to the validity of an election, or that its
omission shall render it void. Miles v. State, 96 Ga. App. 610, 101 S.E.2d 173
(1957) (decided under former Code 1933, § 34-3101).
PETITION TO CONTEST
PROPERLY DENIED. --Trial court properly denied a losing candidate's petition to
contest the election results of a mayoral election held in a town as the losing
candidate failed to meet the burden of establishing that any misconduct, fraud,
or irregularity occurred that placed the result of the election in doubt based
on the county clerk signing the document reflecting the election results,
instead of the election superintendent, and the clerk's failure to purge the
voters list, which was not an obligation of the election supervisor anyway. The
omission of the statutory language providing directions on how to cast a vote
likewise did not necessitate a new election since the poll manager testified
that the poll manager and other poll workers instructed each voter how to fill
out the ballot and established that there was no concern or confusion by the
voters regarding the ballot. Lewis v. O'Day, 284 Ga. 423, 667 S.E.2d 594
(2008).
In an election
contest because the contestor did not present any evidence showing a factual
basis to establish fraud by casting doubt on the counting of a single vote, but
instead presented web site information, which had nothing to do with any
miscounting of votes or the mishandling of any absentee ballots, such evidence
was insufficient to support an election contest. Davis v. Dunn, 286 Ga. 582,
690 S.E.2d 389 (2010).
CITED in Broome v.
Martin, 111 Ga. App. 51, 140 S.E.2d 500 (1965); Stinson v. Manning, 221 Ga.
487, 145 S.E.2d 541 (1965); Bell v. Southwell, 376 F.2d 659 (5th Cir. 1967);
Hollifield v. Vickers, 118 Ga. App. 229, 162 S.E.2d 905 (1968); Henderson v.
County Bd. of Registration & Elections, 126 Ga. App. 280, 190 S.E.2d 633
(1972); Carroll v. Cates, 134 Ga. App. 10, 213 S.E.2d 120 (1975); Stiles v.
Earnest, 252 Ga. 260, 312 S.E.2d 337 (1984); Hammill v. Valentine, 258 Ga. 603,
373 S.E.2d 9 (1988).
Research References & Practice Aids
OPINIONS OF THE ATTORNEY
GENERAL
REQUIREMENTS FOR
INVALIDATING ELECTION. --The governing authority of a municipality may not
declare an election void unless a proper petition contesting the election has
been filed and a hearing has been conducted at which sufficient evidence to
void the election has been produced. 1985 Op. Att'y Gen. No. 85-17 (decided
under former § 21-3-422).
RECOGNITION OF PRIOR
VALID ACTS. --Municipality may treat election ordered as result of failure of
prior election as a continuation of that prior election, recognizing those acts
validly conducted. 1976 Op. Att'y Gen. No. 76-23 (decided under former Code
1933, § 34A-1501).
DETERMINATION OF
CANDIDATE'S QUALIFICATIONS. --It is not the responsibility of a judge of the
probate court, or a county board of elections, to determine the qualifications
of a candidate in a general or special election, nor does the Georgia Election
Code grant authority to either a judge of the probate court or a county board
of elections to make a factual determination as to the eligibility of a
potential candidate. 1976 Op. Att'y Gen. No. 76-90.
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, §§ 389, 390.
C.J.S. --
29 C.J.S., Elections, § 435 et seq.
ALR. --
Treatment of excess or illegal ballots when it is not known
for which candidate or on which side of a proposition they were cast, 155
A.L.R. 677.
Effect of
irregularities or defects in primary petitions -- State cases, 14 A.L.R.6th
543.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-524
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 13. CONTESTED ELECTIONS AND
PRIMARIES
§ 21-2-524. Filing and allegations of petition to contest
primary or election; service of petition; verification; notice of proceedings
to answer petition; service of special process; amendment
(a) A
petition to contest the result of a primary or election shall be filed in the
office of the clerk of the superior court having jurisdiction within five days
after the official consolidation of the returns of that particular office or
question and certification thereof by the election official having
responsibility for taking such action under this chapter or within five days
after the official consolidation and certification of the returns of that
particular office or question by the election official having responsibility
for taking such action under this chapter following a recount pursuant to Code
Section 21-2-495 and shall allege:
(1) The
contestant's qualification to institute the contest;
(2) The
contestant's desire to contest the result of such primary or election and the
name of the nomination, office, or question involved in the contest;
(3) The name of the defendant;
(4) The name of each person who was a
candidate at such primary or election for such nomination or office in the case
of a contest involving same;
(6) The
date of the official declaration of the result in dispute;
(8) Such other facts as are necessary to
provide a full, particular, and explicit statement of the cause of
contest.
(b) The
State Election Board shall be served with a copy of the petition, as provided
in subsection (a) of this Code section, by serving the same on the chairperson
thereof, by mailing a copy to the chairperson by certified or registered mail
or statutory overnight delivery; and a certificate that such service has been
made shall be filed by the plaintiff or his or her attorney.
(c) When
an error in the counting of votes is alleged as a ground of contest, it is
sufficient for the contestant to state generally that he or she believes that
error was committed in the counting of the votes cast for the filling of the
nomination or office in dispute, or for or against the question in dispute, in
one or more specified precincts; and it shall not be necessary for the
contestant to offer evidence to substantiate such allegation. If a recount of
the votes cast in any precinct or precincts shall change the result in dispute,
any aggrieved litigant may require a recount of the votes affecting such
result, which were cast in any other precinct or precincts, by amending his or
her pleadings and requesting such relief.
(d) The
petition shall be verified by the affidavit of each contestant. Such affidavit
shall be taken and subscribed before some person authorized by law to
administer oaths and shall state that the contestant believes the facts alleged
therein are true, that according to the best of his or her knowledge and belief
the contested result of the primary or election is illegal and the return
thereof incorrect, and that the petition to contest the same is made in good
faith.
(e) A
statement of the grounds of contest shall not be rejected, nor the proceedings
dismissed by any court, for want of form, if the grounds of contest are alleged
with such certainty as will advise the defendant of the particular proceeding
or cause for which the primary or election is contested.
(f) Upon
such petition being filed, the clerk of the superior court shall issue notice,
in the form of special process directed to the sheriff of such county,
requiring the defendant and any other person named in such petition as a
candidate for such nomination or office, if any, to appear and answer such
petition, on a day to be fixed in such notice, not more than ten days nor less
than five days after the service of such notice. Such notice, with a copy of
the petition attached, shall be served by the sheriff upon the defendant and
any other person named therein in the same manner as petitions and process are
served in other civil cases. On or before the day fixed in such notice, unless
for good cause shown the presiding judge shall extend the time therefor, the
defendant shall appear and answer such petition and may set up by way of answer
or cross action any right of interest he or she may have or claim in such
proceeding. Any other person who was a candidate at such primary or election
for the nomination or office involved and upon whom notice was served as
provided in this subsection shall be deemed a litigant to such proceeding and
may set up by way of answer or cross action any right of interest or claim he
or she may have.
(g) After
filing, any petition, cross action, or answer may be amended with leave of the
court so as to include the specification of additional grounds of contest,
other relevant facts, or prayer for further relief. After each amendment, a
reasonable time to respond shall be given by the court to any opposing
litigant.
History
Ga.
L. 1893, p. 124, § 1; Civil Code 1895, § 107; Ga. L. 1898, p. 44, § 1; Civil
Code 1910, § 121; Code 1933, § 34-2801; Code 1933, § 34-1705, enacted by Ga. L.
1964, Ex. Sess., p. 26, § 1; Ga. L. 1969, p. 329, § 24; Ga. L. 1979, p. 955, §
8; Ga. L. 1982, p. 1512, § 5; Ga. L. 1986, p. 32, § 1; Ga. L. 1989, p. 1748, §
1; Ga. L. 1998, p. 295, § 1; Ga. L. 2000, p. 1589, § 4.
Annotations
Notes
EDITOR'S NOTES. --
Ga. L. 2000, p. 1589, § 16, not codified by the General
Assembly, provided that the amendment to subsection (b) is applicable with
respect to notices delivered on or after July 1, 2000.
JUDICIAL DECISIONS
SECTION
CONSTITUTIONAL. --This section did not violate the constitutional requirement
that the legislative, judicial, and executive functions of government shall
forever remain separate and distinct. Freeman v. State ex rel. McDonald, 72 Ga.
812 (1884); Johnson v. Jackson, 99 Ga. 389, 27 S.E. 734 (1896).
GEORGIA ELECTION
CODE DOES NOT PROVIDE SOLE AND EXCLUSIVE MEANS for challenging eligibility to
hold public office since a quo warranto suit may also be brought. White v.
Miller, 235 Ga. 192, 219 S.E.2d 123 (1975).
BASIS FOR BELIEF
THAT ERROR OCCURRED. --In O.C.G.A. § 21-2-524 and other statutory provisions,
the General Assembly has expressed an intent that the public inform itself of
the accuracy of the voting process. It would be inconsistent with that intent
to permit someone to force a recount under O.C.G.A. § 21-2-524(c) based on the
mere speculative belief that an error in counting occurred. Ellis v. Johnson,
263 Ga. 514, 435 S.E.2d 923 (1993).
O. C.G.A.
§ 21-2-524(c) allows an election recount based on a contestant's stated belief
that there was a miscount without proof that an actual counting error occurred,
but O.C.G.A. § 21-2-524(a)(8) requires that some factual basis or
"cause" for such belief be alleged and proved. Ellis v. Johnson, 263
Ga. 514, 435 S.E.2d 923 (1993).
BURDEN IS ON THE
COMPLAINING PARTY to affirmatively show that facially valid results are invalid
due to an irregularity sufficient to place the entire election in doubt.
Johnson v. Rheney, 245 Ga. 316, 264 S.E.2d 872 (1980).
ELECTION
CHALLENGER'S TIMELY FILED ELECTION CONTEST, FILED AFTER THE ELECTION, WAS
ERRONEOUSLY DISMISSED, as such was not moot merely because the challenger
failed to file the contest prior to the election, given that no statutory
provision or case law supported this proposition, and the petition sufficiently
stated a claim upon which relief could be granted. Allen v. Yost, 281 Ga. 102,
636 S.E.2d 517 (2006), appeal dismissed, 282 Ga. 865, 655 S.E.2d 580
(2008).
IT IS UNNECESSARY
FOR THE CONTESTANT TO PLEAD THE DETAILS OF THE EVIDENCE when the contestant
challenges the validity of election results. Bush v. Johnson, 111 Ga. App. 702,
143 S.E.2d 21 (1965).
SUFFICIENT EVIDENCE
OF FRAUD. --Charges that more ballots were found in the box at precincts than the
number of persons listed by the holders of the election as having voted, or
that less ballots were found in one box than the number of people who had voted
in that precinct, amounted to serious charges of fraud in the holding of the
election. The charges were as definite and full as could be expected in this
situation and were sufficient to raise the question as to whether the election
has been conducted in a manner so illegally, fraudulently, and unfairly as to
fall under condemnation of the law. Bush v. Johnson, 111 Ga. App. 702, 143
S.E.2d 21 (1965).
INSUFFICIENT
EVIDENCE OF FRAUD. --In an election contest because the contestor did not
present any evidence showing a factual basis to establish fraud by casting
doubt on the counting of a single vote, but instead presented web site
information, which had nothing to do with any miscounting of votes or the
mishandling of any absentee ballots, such evidence was insufficient to support
an election contest. Davis v. Dunn, 286 Ga. 582, 690 S.E.2d 389 (2010).
SECTIONS OF THE
FORMER CODE PROVIDED AN ADEQUATE REMEDY AT LAW FOR A CONTESTANT and no resort
lies to a court of equity. Tupper v. Dart, 104 Ga. 179, 30 S.E. 624
(1898).
TIME FOR FILING
CONTEST. --The five-day period for filing an election contest begins after the
results are certified by the Secretary of State, not after each county
certifies its results. Hammill v. Valentine, 258 Ga. 603, 373 S.E.2d 9
(1988).
When there is a
recount, the five-day period to contest an election begins to run from the date
of the certification of the recount by the Secretary of State, not from the
certification of the election. Hammill v. Valentine, 258 Ga. 603, 373 S.E.2d 9
(1988).
Trial court erred
in finding that the State Election Board was not properly served with process
of an election candidate's challenge to an election contest; but, the
candidate's failure to effect timely service of appropriate process of the
contest against the mayor-elect required dismissal of the suit. Swain v. Thompson,
281 Ga. 30, 635 S.E.2d 779 (2006).
Trial court did
not err in dismissing the candidates' petition contesting a general election on
the ground that the petition was not filed within five days after the official
consolidation of the returns and certification thereof pursuant to O.C.G.A. §
21-2-524(a). When the board certified the election results on November 7, the
candidates had through November 12 to file a petition, but, since they did not
file the petition until November 17, the trial court was without jurisdiction
to decide the merits of the election contest, and the trial court's finding
that the date of certification was November 7 was supported by evidence that,
on that date, the chairman of the county board of elections signed the certification
form on the only signature line provided for the superintendent; although each
plaintiff has five days in which to file a petition challenging an election,
O.C.G.A. § 21-2-524(a) clearly permits different filing dates for different
races in any given election, depending on when the appropriate party certifies
the results for the "particular office" at issue. Broughton v.
Douglas County Bd. of Elections, 286 Ga. 528, 690 S.E.2d 141 (2010).
Trial court did
not err in ruling that certification by a county board of elections and
registration triggered the five-day filing period of O.C.G.A. § 21-2-524(a)
because the five-day period of § 21-2-524(a) for filing a petition to contest
the election results for a county office began to run when the county superintendent
had officially consolidated and certified the returns for the particular
office; because the Secretary of State only certifies election returns for
federal and state offices, the sole election official specified in the Georgia
Code as having responsibility for consolidation and certification of election
results for other offices is the local superintendent. Broughton v. Douglas
County Bd. of Elections, 286 Ga. 528, 690 S.E.2d 141 (2010).
Election Code
does not provide that a mandatory recount and re-certification of the results
in one race require re-certification of the results in other races and a second
opportunity to contest such other elections; the apparent loser of the race
that is the subject of the recount must be given five days after
re-certification in which to challenge the election, but the exception to
measurement of the five-day period from the date of initial certification does
not apply to candidates whose races were not subject to a recount, who have
remained the apparent losers since certification of their races, and who have
therefore already had a real opportunity to challenge the election within five
days after certification of the initial count. Broughton v. Douglas County Bd.
of Elections, 286 Ga. 528, 690 S.E.2d 141 (2010).
LACHES APPLIED TO
BAR SUIT FILED 42 DAYS AFTER ELECTION APPROVING CONTESTED TAX. --Even though
laches operated independently of any statute of limitations, courts of equity
usually acted in obedience and in analogy to the statutes of limitations in
cases where it would not have been unjust and inequitable to have done so;
laches was properly applied to bar a suit seeking an injunction against a tax
which was filed 42 days after the election approving the tax. Plyman v. Glynn
County, 276 Ga. 426, 578 S.E.2d 124 (2003).
CONTEST PROHIBITED
AFTER LEGAL COMMISSION ISSUED. --By this section, which prohibited a contest
after a commission had been issued, was meant a legal commission only, and not
one which was issued prematurely. Hardin v. Colquitt, 63 Ga. 588 (1879).
NONCANDIDATES CANNOT
CONTEST ELECTION. --Petitioners who are not candidates for the offices to which
the defendants were elected are not in a position to contest the election.
Jones v. McElreath, 167 Ga. 833, 146 S.E. 734 (1929).
PROCEDURE NOT IN
ACCORDANCE WITH FORMER SECTION NOT LEGAL CONTEST. --A procedure which was not
in accordance with the above rules and regulations was not such a contest of
the election as was provided and required by the rules and regulations of former
Code 1910, § 121. Norwood v. Peeples, 158 Ga. 162, 122 S.E. 618 (1924).
CITED in Nichols v.
Acree, 112 Ga. App. 287, 145 S.E.2d 92 (1965); Bell v. Southwell, 376 F.2d 659
(5th Cir. 1967); Hutto v. Rowland, 226 Ga. 889, 178 S.E.2d 180 (1970); Robinson
v. Bassett, 128 Ga. App. 711, 197 S.E.2d 799 (1973); Schloth v. Smith, 134 Ga.
App. 529, 215 S.E.2d 292 (1975); McCreary v. Martin, 281 Ga. 668, 642 S.E.2d 80
(2007).
Research References & Practice Aids
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, § 401 et seq.
C.J.S. --
29 C.J.S., Elections, §§ 451 et seq., 467 et seq.
ALR. --
Validity, construction and application of state statutory
limitations periods governing election contests, 60 A.L.R. 6th 481.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-523
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 13. CONTESTED ELECTIONS AND
PRIMARIES
§ 21-2-523. Jurisdiction and general pretrial proceedings; notification
of proceedings; selecting administrative judge; compensation of presiding judge
(a) A
contest case governed by this article shall be tried and determined by the
superior court of the county where the defendant resides, except that a
municipal contest case shall be tried and determined by the superior court of
the county where the city hall is located. A contest case challenging the
eligibility of the two defendants declared as eligible to compete with each
other in a run-off primary or election shall be tried and determined by the
superior court of the county where the defendant who received the highest
number of votes resides.
(b) The
superior court having jurisdiction of a contest case governed by this article
shall be presided over by a superior court judge or senior judge. The superior
court judge or senior judge who presides over the contest shall be selected as
set out in subsection (c) of this Code section.
(c) Upon
the filing of a contest petition, the clerk of the superior court having
jurisdiction shall immediately notify the administrative judge for the judicial
administrative district in which that county lies, or the district court
administrator, who shall immediately notify the administrative judge, of the
institution of proceedings under this article. If the county in which the
proceedings were instituted is not in the circuit of the administrative judge,
the administrative judge shall select a superior court judge from within the
district, but not from the circuit in which the proceeding was instituted, or a
senior judge not a resident of the circuit in which the proceeding was
instituted, to preside over the contest.
(d) If
the administrative judge is a member of the circuit in which the proceeding was
filed, or if the other judges of the district are unable or are unwilling to
preside over the proceeding, or if the other judges of the district are judges
of the circuit in which the proceeding was filed, then the administrative judge
shall select an administrative judge of an adjoining district to select a
superior court judge from that district, or a superior court judge from the
district in which the proceeding was filed, but not the circuit in which the
proceeding was filed, or a senior judge who is not a resident of the circuit
wherein the proceeding was filed.
(e) After
a judge has agreed to preside over the case, the administrative judge who
selected the judge to hear the matter shall enter an order in the superior
court of the county where the proceeding was filed appointing such judge, and
such judge shall promptly begin presiding over such proceedings in such court
and shall determine same as soon as practicable. Such judge shall be reimbursed
for his or her actual expenses for food and lodging and shall receive the same
mileage as any other state officials and employees. Senior judges shall be
entitled to compensation and reimbursement as the law provides for senior judge
service.
History
Code
1933, § 34-1704, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1969, p.
329, § 1; Ga. L. 1977, p. 175, § 1; Ga. L. 1991, p. 608, § 2; Ga. L. 1998, p.
295, § 1.
Annotations
JUDICIAL DECISIONS
EDITOR'S NOTES. --In
light of the similarity of the statutory provisions, decisions under former
Code 1933, §§ 34-2801, 34-2802, 34-2803, 34-3001 and Code Section 21-3-424 are
included in the annotations for this Code section.
WHO WAS PROPER
PRESIDING JUDGE. --Under O.C.G.A. § 21-2-523, a superior court judge or a
senior superior court judge had to be selected to preside over the dismissal of
the election contest action. Williams v. Heard, 302 Ga. 114, 805 S.E.2d 1
(2017).
PROTEST FILED PRIOR
TO DECLARATION OF RESULTS. --Although technically incorrect, a protest may be
lodged prior to the governing authority's declaring the results of the election
where such a handling affords the parties substantial justice. Garnto v.
Wheeler, 235 Ga. 405, 219 S.E.2d 721 (1975).
TIME LIMIT FOR
FILING PETITION. --The requirement that a petition to contest shall be filed
within five days after the results of the election are certified by the
election official means in effect "not later than" that date. Whittington
v. Mathis, 253 Ga. 653, 324 S.E.2d 727 (1985).
FAILURE TO COMPLY
WITH FIVE-DAY LIMIT. --Where the contestants failed to comply with the five-day
limit, the trial court lacked jurisdiction to decide the merits of the contest.
Mayor & Council v. Hall, 261 Ga. 681, 410 S.E.2d 105 (1991).
AGENT OF COURT FAILS
TO FOLLOW PROCEDURE. --The right to contest the results of an election through
the expedited procedure of former subsection (c) of O.C.G.A. § 21-3-424 is not
waived by the clerk of court's failure to follow the procedure outlined in
former subsection (f). Stuckey v. Storms, 265 Ga. 491, 458 S.E.2d 344 (1995)
(decided under former § 21-3-424).
HOLDING OF ELECTION
IS GENERALLY A POLITICAL MATTER not ordinarily cognizable in a court of equity.
Committee for New Cobb County Revenue v. Brown, 228 Ga. 364, 185 S.E.2d 534
(1971).
JURISDICTION OF AN
ORDINARY (now superintendent) to determine contest arising out of election of
constable is limited, and the ordinary has no power other than that expressly
conferred by statute, and in such a proceeding the ordinary does not act in a
judicial or quasi-judicial capacity; consequently the ordinary's sole authority
and jurisdiction is to determine whether the person filing the contest or the
one who was declared elected received the greater number of legal votes, and,
in case the contestant received it, to declare the contestant duly elected.
Thompson v. Stone, 205 Ga. 243, 53 S.E.2d 458 (1949) (decided under former Code
1933, §§ 34-2801, 34-2802, 34-2803, 34-3001).
CITED in Bell v.
Southwell, 376 F.2d 659 (5th Cir. 1967); Hollifield v. Vickers, 118 Ga. App.
229, 162 S.E.2d 905 (1968); Ollila v. Graham, 126 Ga. App. 288, 190 S.E.2d 542
(1972); Dolvin v. Town of Siloam, 246 Ga. 131, 269 S.E.2d 23 (1980); Littlejohn
v. Cleland, 251 Ga. 597, 308 S.E.2d 186 (1983); Streeter v. Paschal, 267 Ga.
207, 476 S.E.2d 759 (1996); Martin v. Fulton County Bd. of Registration &
Elections, 307 Ga. 193, 835 S.E.2d 245 (2019).
Research References & Practice Aids
CROSS REFERENCES. --
Legal mileage allowance, § 50-19-7.
LAW REVIEWS. --
For article, "The Civil Jurisdiction of State and
Magistrate Courts," see 24 Ga. St. B. J. 29 (1987).
OPINIONS OF THE ATTORNEY
GENERAL
JURISDICTION OVER
CHALLENGE OF ONE HOLDING OFFICE OF SHERIFF. --Jurisdiction to hear a case
seeking to challenge the qualifications of a person to hold the office of
sheriff rests with the superior courts. 1980 Op. Att'y Gen. No. U80-1.
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, § 396 et seq.
C.J.S. --
29 C.J.S., Elections, § 444 et seq.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-525
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 13. CONTESTED ELECTIONS AND
PRIMARIES
§ 21-2-525. Hearing; powers of court generally
(a) Within
20 days after the return day fixed in the notice as provided in subsection (a)
of Code Section 21-2-524 to the defendant, the presiding judge shall fix a
place and time for the hearing of the contest proceeding. Such judge may fix
additional hearings at such other times and places as are necessary to decide
the contest promptly.
(b) The
court having jurisdiction of the action shall have plenary power, throughout
the area in which the contested primary or election was conducted, to make,
issue, and enforce all necessary orders, rules, processes, and decrees for a
full and proper understanding and final determination and enforcement of the
decision of every such case, according to the course of practice in other civil
cases under the laws of this state, or which may be necessary and proper to
carry out this chapter. The court shall have authority to subpoena and to
compel the attendance of any officer of the primary or election complained of
and of any person capable of testifying concerning the same; to compel the
production of evidence which may be required at such hearing, in like manner
and to the same extent as in other civil cases litigated before such court; to
take testimony; and to proceed without delay to the hearing and determination
of such contest, postponing for the purpose, if necessary, all other
business.
(c) The
court may, in its discretion, limit the time to be consumed in taking
testimony, dividing such time equitably among all litigants concerned, with a
view therein to the circumstances of the matter and to the proximity of the
next succeeding primary or election.
History
Ga.
L. 1893, p. 124, § 1; Civil Code 1895, § 107; Civil Code 1910, § 121; Code
1933, § 34-2801; Code 1933, § 34-1706, enacted by Ga. L. 1964, Ex. Sess., p.
26, § 1; Ga. L. 1998, p. 295, § 1.
Annotations
JUDICIAL DECISIONS
EDITOR'S NOTES. --In
light of the similarity of the statutory provisions, decisions under former §
21-3-425 are included in the annotations for this Code section.
TIME FOR HEARING
--The requirement that the judge must set a hearing date "within 20 days
after the return day" provides a deadline by which a date must be set.
Head v. Williams, 269 Ga. 894, 506 S.E.2d 863 (1998) (decided under former §
21-3-425).
The trial court
did not violate the statute by setting a hearing date on the same day as the
return day fixed in the notice to the defendants where from the time the
petitioner filed the petitioner's petition, the petitioner knew that the
petitioner had the burden of presenting evidence to support the petitioner's
allegations of illegal voting and tampering with absentee ballots and where the
petitioner had six days' notice that a hearing date was being set and three
days' notice of the actual date of the hearing. Head v. Williams, 269 Ga. 894,
506 S.E.2d 863 (1998) (decided under former § 21-3-425).
WHEN COURT REQUIRED
TO INSPECT VOTE RECORDER BALLOTS. --In the absence of any statutory authority
authorizing a hand count and determination by election officials of voter
intent with regard to nondefective ballots voted by means of vote recorders,
and in the absence of allegations or proof of fraud, misconduct by election
officials, improper functioning of vote recorders or tabulating machines, a
court, in an election contest, is not bound under this section to require the
inspection or hand count of nondefective ballots voted by means of vote
recorders. Rary v. Guess, 129 Ga. App. 102, 198 S.E.2d 879 (1973).
NO ERROR IN LIMITING
DISCOVERY AND DENYING CONTINUANCE REGARDING DIRECT-RECORDING ELECTRONIC VOTING
SYSTEM. --In an election contest under O.C.G.A. § 21-2-522 regarding a race for
lieutenant governor, the small number of irregularities involved with the direct-recording
electronic (DRE) voting system and the lack of evidence of misconduct by any
election official was insufficient to overcome the winner's margin of victory
of 123,172 votes. Further, the trial court did not err in limiting discovery of
the DRE machines or in denying the challengers' motion for a continuance and
jury trial demand. Martin v. Fulton County Bd. of Registration & Elections,
307 Ga. 193, 835 S.E.2d 245 (2019).
JUDGE'S FUNCTION
UNDER THIS SECTION IS NOT JUDICIAL. Carter v. James, 96 Ga. 280, 23 S.E. 201
(1895).
WHEN EVIDENCE OF
DEFENDANT'S LIABILITY IS CONFLICTING, COURT MAY HOLD HEARING ON COSTS. --When
the presiding judicial officer hearing a contested election case issued a fi.
fa. for costs and the evidence of the defendant's liability was conflicting,
the judge of the superior court did not abuse judicial discretion in issuing,
upon petition, a restraining order against execution of the fi. fa. until a
hearing could be held on the issues raised by the pleadings. McLeod v. Reid,
120 Ga. 785, 48 S.E. 315 (1904).
DECISION OF THE
ORDINARY (NOW PROBATE JUDGE) IN A CONTESTED "FENCE OR NO FENCE"
ELECTION IS FINAL. Skrine v. Jackson, 73 Ga. 377 (1884).
BURDEN OF SHOWING
ELECTION RETURNS INACCURATE IS UPON THE INTERVENOR. Brown v. City of Atlanta,
152 Ga. 283, 109 S.E. 666 (1921).
DECISION OF SUPERIOR
COURT JUDGE FINAL. --Where the election of a county officer was contested, and
the evidence which was taken before a justice of the peace of the county,
together with all the papers filed in the contest, was duly transmitted to the
judge of the superior court of the circuit in which the contest arose, the
decision by the latter therein is final, and the writ of certiorari will not
lie to review the contest. Robertson v. Easley, 20 Ga. App. 258, 92 S.E. 1027,
cert. denied, 20 Ga. App. 832 (1917).
ORDINARY'S DECISION
IN MUNICIPAL ELECTION CONTEST IS FINAL. --Where an ordinary renders a decision
in a contest over a municipal election, the ordinary does not act in a judicial
capacity, thus a writ of certiorari to the superior court to review the contest
does not lie. Harris v. Glenn, 141 Ga. 687, 81 S.E. 1103 (1914).
CITED in Hollifield
v. Vickers, 118 Ga. App. 229, 162 S.E.2d 905 (1968); Henderson v. County Bd. of
Registration & Elections, 126 Ga. App. 280, 190 S.E.2d 633 (1972).
Research References & Practice Aids
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, §§ 413 et seq., 424 et seq.
C.J.S. --
29 C.J.S., Elections, § 534 et seq.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-527.1
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 13. CONTESTED ELECTIONS AND
PRIMARIES
§ 21-2-527.1. Right of parties to object to settlement;
court approval
No
settlement of any case under this article shall become effective unless:
(1) All
parties to such case have been given an opportunity to object to such
settlement before the court; and
(2) The
court has approved such settlement.
History
Code
1981, § 21-2-527.1, enacted by Ga. L. 1987, p. 1050, § 2; Ga. L. 1998, p. 295,
§ 1.
Annotations
Research References & Practice Aids
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-526
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 13. CONTESTED ELECTIONS AND
PRIMARIES
§ 21-2-526. Trial by jury
(a) All
issues of a contest shall be fully tried and determined by the court without
the aid and intervention of a jury, unless a litigant to the contest shall
demand a trial by jury at any time prior to the call of the case; and the court
shall determine that it is an issue which under other laws of this state the
litigant is entitled to have tried by a jury. Upon such determination, a jury
shall be impaneled and the cause shall proceed according to the practice and
procedure of the court in jury cases.
(b) In
a case contesting the result of a primary or election held in two or more
counties, each issue to be tried by a jury shall be tried by a jury impaneled
in the county where such issue or a part thereof arose. Such jury shall be
impaneled by the superior court of the county in which the jury trial is to be
conducted; such trial shall be presided over by the judge as described in Code
Section 21-2-523; and such trial shall proceed, insofar as practicable, as
though it were being conducted in the county of the superior court having
jurisdiction of the contest.
(c) In
a case contesting the result of a primary or election held within a single
county, the court may require a jury to return only a special verdict in the
form of a special written finding upon each issue of fact. In a case contesting
the result of a primary or election held in two or more counties, the court
shall require each jury impaneled to return only a special verdict in the form
of a special written finding upon each issue of fact. In a case where a special
verdict is to be rendered, the court shall submit to the jury written questions
susceptible of categorical or other brief answer or may submit written forms of
the several special findings which might properly be made under the pleadings
and evidence; or it may use such other method of submitting the issues and
requiring the written findings thereon as it deems most appropriate. The court
shall give to the jury such explanation and instruction concerning the matter
thus submitted as may be necessary to enable the jury to make its findings upon
each issue. If, in so doing, the court omits any issue of fact raised by the
pleadings or by the evidence, each party waives his or her right to a trial by
jury of the issue so omitted unless before the jury retires he or she demands
its submission to the jury. As to an issue omitted without such demand, the
court may make a finding; or, if it fails to do so, it shall be deemed to have
made a finding in accord with the judgment on the special verdict.
History
Code
1933, § 34-1707, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1998, p.
295, § 1.
Annotations
JUDICIAL DECISIONS
TRIAL BY JURY IN
ELECTION CONTEST NOT REQUIRED. --Trial court properly denied two challengers'
petition contesting a city's general election as the challengers failed to show
fraud, misconduct, irregularity or illegality; a new election manager was not required
for each election; a jury trial was not warranted in the matter; and there was
no basis shown to set aside the results of the runoff election. Fuller v.
Thomas, 284 Ga. 397, 667 S.E.2d 587 (2008).
In an election
contest under O.C.G.A. § 21-2-522 regarding a race for lieutenant governor, the
small number of irregularities involved with the direct-recording electronic
(DRE) voting system and the lack of evidence of misconduct by any election
official was insufficient to overcome the winner's margin of victory of 123,172
votes. Further, the trial court did not err in limiting discovery of the DRE
machines or in denying the challengers' motion for a continuance and jury trial
demand. Martin v. Fulton County Bd. of Registration & Elections, 307 Ga.
193, 835 S.E.2d 245 (2019).
CITED in Henderson
v. County Bd. of Registration & Elections, 126 Ga. App. 280, 190 S.E.2d 633
(1972).
Research References & Practice Aids
OPINIONS OF THE ATTORNEY
GENERAL
DETERMINATION OF
CANDIDATE'S QUALIFICATIONS. --It is not the responsibility of a judge of the
probate court, or a county board of elections, to determine the qualifications
of a candidate in a general or special election, nor does the Georgia Election
Code grant authority to either a judge of the probate court or a county board
of elections to make a factual determination as to the eligibility of a
potential candidate. 1976 Op. Att'y Gen. No. 76-90.
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, § 427.
C.J.S. --
29 C.J.S., Elections, § 534 et seq.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-527
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 13. CONTESTED ELECTIONS AND
PRIMARIES
§ 21-2-527. Pronouncement of judgment; effect of finding of
misconduct by poll officers; calling of second primary, election, or runoff by
court upon finding of defects
(a) After
hearing the allegations and evidence in the contest, the court shall declare as
nominated, elected, or as eligible to compete in a run-off primary or election
that qualified candidate who received the requisite number of votes and shall
pronounce judgment accordingly; and the clerk of the superior court shall
certify such determination to the proper authority. In the case of a contest
involving a question submitted to electors at an election, the court shall
pronounce judgment as to whether the same was approved or disapproved; and the
clerk of the superior court shall certify such determination to the
defendant.
(b) When
a defendant who has received the requisite number of votes for nomination,
election, or to compete in a run-off primary or election is determined to be
ineligible for the nomination or office sought, the court shall pronounce
judgment declaring the primary or election invalid with regard to such
nomination or office and shall call a second primary or election to fill such
nomination or office and shall set the date for such second primary or
election.
(c) If
misconduct is complained of on the part of the poll officers of any precinct,
it shall not be held sufficient to set aside the contested result unless the
rejection of the vote of such precinct would change such result.
(d) Whenever
the court trying a contest shall determine that the primary, election, or
runoff is so defective as to the nomination, office, or eligibility in contest
as to place in doubt the result of the entire primary, election, or runoff for
such nomination, office, or eligibility, such court shall declare the primary,
election, or runoff to be invalid with regard to such nomination, office, or
eligibility and shall call for a second primary, election, or runoff to be conducted
among all of the same candidates who participated in the primary, election, or
runoff to fill such nomination or office which was declared invalid and shall
set the date for such second primary, election, or runoff.
History
Code
1933, § 34-1708, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1982, p.
1512, § 5; Ga. L. 1987, p. 34, § 1; Ga. L. 1987, p. 1360, § 19; Ga. L. 1991, p.
133, § 1; Ga. L. 1995, p. 1027, § 17; Ga. L. 1997, p. 590, § 40; Ga. L. 1998,
p. 295, § 1.
Annotations
JUDICIAL DECISIONS
EXTENT OF
JURISDICTION OVER PRIMARY CONTEST. --In a contest of primary election, the
trial court's jurisdiction is limited strictly to the primary, and the court is
not authorized to interfere with the holding of the subsequent general
election. Smiley v. Gaskin, 115 Ga. App. 547, 154 S.E.2d 740 (1967).
WHAT CONTESTANT MUST
SHOW. --If the contestant can sustain charges, or enough of them to cast doubt
upon whether the election was fairly and lawfully conducted, it should be
voided and another held. If the contestant cannot, the election should stand.
Nichols v. Acree, 112 Ga. App. 287, 145 S.E.2d 92 (1965).
INSUFFICIENT
EVIDENCE OF IRREGULARITIES AND MISCONDUCT IN ELECTION. --In an election contest
under O.C.G.A. § 21-2-522 regarding a race for lieutenant governor, the small
number of irregularities involved with the direct-recording electronic (DRE)
voting system and the lack of evidence of misconduct by any election official
was insufficient to overcome the winner's margin of victory of 123,172 votes.
Further, the trial court did not err in limiting discovery of the DRE machines
or in denying the challengers' motion for continuance and jury trial demand.
Martin v. Fulton County Bd. of Registration & Elections, 307 Ga. 193, 835
S.E.2d 245 (2019).
PERSONS WHO MAY
COMPETE IN RERUN. --The ordering of a rerun of a primary, after a contest in a
race is sustained, is no reason for permitting other persons, who were not
properly qualified to run in the contested primary, to qualify and compete in
the rerun. Ingram v. Lott, 238 Ga. 513, 233 S.E.2d 770 (1977).
OVERRULING OF A
GENERAL DEMURRER (SINCE ABOLISHED) TO AN ELECTION CONTEST PROCEEDING IS
APPEALABLE. Blackburn v. Hall, 115 Ga. App. 235, 154 S.E.2d 392 (1967).
IMPROPERLY CAST
BALLOTS MUST AFFECT RACE IN QUESTION. --Where contestant established that 131
absentee ballots were not properly cast in the general election, but the
contestant did not establish that any of the improper absentee ballots were
cast in the contested race, the contestant was unable to place in doubt the
result of the election, and the trial court correctly found in favor of the
winner as certified by the county superintendent of election. Bailey v.
Colwell, 263 Ga. 111, 428 S.E.2d 570 (1993).
CITED in Broome v.
Martin, 111 Ga. App. 51, 140 S.E.2d 500 (1965); Hollifield v. Vickers, 118 Ga.
App. 229, 162 S.E.2d 905 (1968); Lowe v. Weltner, 118 Ga. App. 635, 164 S.E.2d
919 (1968); Henderson v. County Bd. of Registration & Elections, 126 Ga.
App. 280, 190 S.E.2d 633 (1972); Carroll v. Cates, 134 Ga. App. 10, 213 S.E.2d
120 (1975); Miller v. Kilpatrick, 140 Ga. App. 193, 230 S.E.2d 328 (1976);
Hammill v. Valentine, 258 Ga. 603, 373 S.E.2d 9 (1988); Haynes v. Wells, 273
Ga. 106, 538 S.E.2d 430 (2000); Fuller v. Thomas, 284 Ga. 397, 667 S.E.2d 587
(2008).
Research References & Practice Aids
OPINIONS OF THE ATTORNEY
GENERAL
VOTERS IN RERUN
ELECTION. --When a rerun of an election is ordered by a judge of the superior
court as a result of the sustaining of an election contest, the rerun election
should be limited to those voters who were qualified to vote in the original
election. 1985 Op. Att'y Gen. No. 85-14.
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, § 428.
C.J.S. --
29 C.J.S., Elections, § 542 et seq.
ALR. --
Constitutionality, construction, and application of statute
which declares a defeated candidate for nomination ineligible as a candidate at
general election, or prohibits printing his name on official ballot, 143 A.L.R.
603.
Treatment of
excess or illegal ballots when it is not known for which candidate or on which
side of a proposition they were cast, 155 A.L.R. 677.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-528
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 13. CONTESTED ELECTIONS AND PRIMARIES
§ 21-2-528. Appeals from court's determination on contest petition
An
appeal from the final determination of the court may be taken within ten days
from the rendition thereof as in other civil cases. The filing of a notice of
appeal shall not act as a stay or supersedeas. The appellant may apply to the appellate
court for a stay or supersedeas, and such court shall consider applications for
stays or supersedeas in such cases without regard to whether any notice of
appeal has been filed or the record docketed in such cases.
History
Code 1933, § 34-1709, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1997, p. 590, § 41; Ga. L. 1998, p. 295, § 1; Ga. L. 2003, p. 517, § 60; Ga. L. 2016, p. 883, § 3-7/HB 927.
Annotations
Notes
EDITOR'S NOTES. --
Ga. L. 2016, p. 883, § 1-1/HB 927, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Appellate Jurisdiction Reform Act of 2016.'"
Ga. L. 2016, p. 883, § 6-1/HB 927, not codified by the General Assembly, provides that: "Part III of this Act shall become effective on January 1, 2017, and shall apply to cases in which a notice of appeal or application to appeal is filed on or after such date."
JUDICIAL DECISIONS
ELECTION CONTEST IS A CIVIL CASE. Blackburn v. Hall, 115 Ga. App. 235, 154 S.E.2d 392 (1967).
Georgia Supreme Court's decision in Kendall v. Delaney, 282 Ga. 482 (2007) is an outlier in Georgia's general election case law and relies solely on cases involving primary election challenges without acknowledging the distinction between primary and general elections and is overruled; to the extent that Scoggins implies that a general election challenge will be moot if a party fails to seek a stay or supersedeas pursuant to O.C.G.A. § 21-2-528, it is disapproved. Parham v. Stewart, 308 Ga. 170, 839 S.E.2d 605 (2020).
WHAT CONTESTANT MUST SHOW. --If the contestant can sustain the charges, or enough of them to cast doubt upon whether the election was fairly and lawfully conducted, it should be voided and another held. If the contestant cannot, the election should stand. Nichols v. Acree, 112 Ga. App. 287, 145 S.E.2d 92 (1965).
APPEAL OF CONTESTANT TO CITY COUNCIL ELECTION DISMISSED AS MOOT. --The appeal of a contestant to a city council election was dismissed as moot because the contestant failed to move to expedite consideration of an appeal in view of an impending election, and the Supreme Court of Georgia finally heard the appeal after the election had already occurred and the term of office for the seat at issue had expired. Allen v. Yost, 282 Ga. 865, 655 S.E.2d 580 (2008).
APPEAL FROM ORDER DISMISSING CHALLENGE TO PRIMARY ELECTION DISMISSED AS MOOT. --Because the record showed that an unsuccessful candidate in a primary election waited nearly a month and a half to challenge that election, request a stay of the general election, or petition the Supreme Court of Georgia for an expedited appeal, the mootness doctrine applied to the challenge requiring dismissal of the appeal. McCreary v. Martin, 281 Ga. 668, 642 S.E.2d 80 (2007).
Finding that the appellant failed to show that enough illegal votes had been cast to change or place in doubt the result of the mayoral election was upheld because the appellant failed to show that one voter was not a resident of the city, that another was inappropriately offered something of value in exchange for a vote, and that another voter was incompetent to vote in the mayoral election thereby making their votes valid. Parham v. Stewart, 308 Ga. 170, 839 S.E.2d 605 (2020).
APPEAL OF ELECTION CONTESTS. --While the established rule in Georgia is that a primary election contest becomes moot after the general election has taken place, the Georgia Supreme Court has routinely decided general election challenges on the merits, regardless of whether a stay or supersedeas was requested or obtained. Parham v. Stewart, 308 Ga. 170, 839 S.E.2d 605 (2020).
OVERRULING OF A GENERAL DEMURRER (since abolished) to an election contest proceeding is appealable. Blackburn v. Hall, 115 Ga. App. 235, 154 S.E.2d 392 (1967).
CITED in Payne v. Chatman, 267 Ga. 873, 485 S.E.2d 723 (1997).
Research References & Practice Aids
LAW REVIEWS. --
For article on the 2016 amendment of this Code section, see 33 Georgia St. U. L. Rev. 205 (2016).
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, §§ 429, 430.
C.J.S. --
29 C.J.S., Elections, § 547 et seq.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-529
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 13. CONTESTED ELECTIONS AND PRIMARIES
§ 21-2-529. Liability for costs; methods of collecting
The
contestant and the defendant shall be liable to the officers and witnesses for
the costs made by them, respectively. If the result of the primary or election
is confirmed, the petition dismissed, or the prosecution fails, judgment shall
be rendered against the contestant for costs; and, if the judgment is against
the defendant or the result of the primary or election is set aside, he or she
shall pay the costs at the discretion of the court. After entry of judgment,
the costs may be collected by attachment or otherwise.
History
Code 1933, § 34-1710, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1998, p. 295, § 1.
Annotations
JUDICIAL DECISIONS
CITED in McCreary v. Martin, 281 Ga. 668, 642 S.E.2d 80 (2007).
Research References & Practice Aids
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, § 327.
C.J.S. --
29 C.J.S., Elections, § 561 et seq.
ALR. --
Costs or reimbursement for expenses incident to election contest or recount, 106 A.L.R. 928.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-540
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 14. SPECIAL ELECTIONS AND PRIMARIES
GENERALLY; MUNICIPAL TERMS OF OFFICE
§ 21-2-540. Conduct of special elections generally
(a) Every
special election shall be held and conducted in all respects in accordance with
the provisions of this chapter relating to general elections; and the
provisions of this chapter relating to general elections shall apply thereto
insofar as practicable and as not inconsistent with any other provisions of
this chapter. All special elections held at the time of a general election, as
provided by Code Section 21-2-541, shall be conducted by the poll officers by
the use of the same equipment and facilities, so far as practicable, as are
used for such general election.
(b) At
least 29 days shall intervene between the call of a special primary and the
holding of same, and at least 29 days shall intervene between the call of a
special election and the holding of same. The period during which candidates
may qualify to run in a special primary or a special election shall remain open
for a minimum of two and one-half days. Special elections which are to be held
in conjunction with the presidential preference primary, a state-wide general
primary, or state-wide general election shall be called at least 90 days prior
to the date of such presidential preference primary, state-wide general
primary, or state-wide general election; provided, however, that this
requirement shall not apply to special elections held on the same date as such
presidential preference primary, state-wide general primary, or state-wide
general election but conducted completely separate and apart from such
state-wide general primary or state-wide general election using different
ballots or voting equipment, facilities, poll workers, and paperwork.
Notwithstanding any provision of this subsection to the contrary, special
elections which are to be held in conjunction with the state-wide general
primary or state-wide general election in 2014 shall be called at least 60 days
prior to the date of such state-wide general primary or state-wide general
election.
(c) (1)
Notwithstanding any other provision of law to the contrary, a special primary
or special election to fill a vacancy in a county or municipal office shall be
held only on one of the following dates which is at least 29 days after the
date of the call for the special election:
(A) In odd-numbered years, any such
special election shall only be held on:
(i) The third Tuesday in March;
(ii) The third Tuesday in June;
(iii) The third Tuesday in September;
or
(iv) The Tuesday after the first Monday
in November; and
(B) In
even-numbered years, any such special election shall only be held on:
(i) The third Tuesday in March;
provided, however, that in the event that a special election is to be held
under this provision in a year in which a presidential preference primary is to
be held, then any such special election shall be held on the date of and in
conjunction with the presidential preference primary;
(ii) The date of the general primary;
or
(iii) The Tuesday after the first Monday
in November;
provided, however, that, in the event that a
special election to fill a federal or state office on a date other than the
dates provided in this paragraph has been scheduled and it is possible to hold
a special election to fill a vacancy in a county, municipal, or school board
office in conjunction with such special election to fill a federal or state
office, the special election to fill such county, municipal, or school board
office may be held on the date of and in conjunction with such special election
to fill such federal or state office provided all other provisions of law
regarding such elections are met.
(2) Notwithstanding any other provision
of law to the contrary, a special election to present a question to the voters
shall be held only on one of the following dates which is at least 29 days
after the date of the call for the special election:
(A) In odd-numbered years, any such
special election shall only be held on the third Tuesday in March or on the
Tuesday after the first Monday in November; and
(B) In even-numbered years, any such
special election shall only be held on:
(i) The date of and in conjunction with
the presidential preference primary if one is held that year;
(ii) The date of the general primary;
or
(iii) The Tuesday after the first Monday
in November.
(3) The provisions of this subsection
shall not apply to:
(A) Special elections held pursuant to
Chapter 4 of this title, the "Recall Act of 1989," to recall a public
officer or to fill a vacancy in a public office caused by a recall election;
and
(B) Special primaries or special
elections to fill vacancies in federal or state public offices.
(d) Except
as otherwise provided by this chapter, the superintendent of each county or
municipality shall publish the call of the special election.
(e) Candidates
in special elections for partisan offices shall be listed alphabetically on the
ballot and may choose to designate on the ballot their party affiliation. The
party affiliation selected by a candidate shall not be changed following the
close of qualifying.
History
Code
1933, §§ 34-806, 34-1314, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L.
1969, p. 308, § 35; Ga. L. 1969, p. 329, § 8A; Ga. L. 1984, p. 1, § 14; Ga. L.
1984, p. 638, § 3; Ga. L. 1986, p. 382, § 6; Ga. L. 1986, p. 1538, § 3; Ga. L.
1991, p. 316, § 1; Ga. L. 1994, p. 1406, § 27; Ga. L. 1996, p. 145, § 21; Ga.
L. 1997, p. 590, § 42; Ga. L. 1998, p. 295, § 1; Ga. L. 2001, p. 240, §§ 43,
44; Ga. L. 2005, p. 253, § 64/HB
244; Ga. L. 2008, p. 131, § 1/HB
296; Ga. L. 2010, p. 914, § 25/HB
540; Ga. L. 2012, p. 995, §§ 41, 42/SB
92; Ga. L. 2014, p. 1, § 8/HB 310; Ga. L. 2017, p. 2, § 3/HB 42.
Annotations
Notes
THE 2017 AMENDMENT,
effective February 23, 2017, added the proviso at the end of paragraph
(c)(1).
EDITOR'S NOTES. --
In light of the similarity of the statutory provisions,
opinions decided under former Code 1933, § 34-1904 are included in the
annotations for this Code section.
JUDICIAL DECISIONS
CITED in City of
Brookhaven v. City of Chamblee, 329 Ga. App. 346, 765 S.E.2d 33 (2014).
Research References & Practice Aids
CROSS REFERENCES. --
Special elections in counties and municipalities pertaining
to authorization of sale of distilled spirits by the drink, § 3-4-90 et seq.
Authorization of sale of distilled spirits by private clubs, § 3-7-40.
ADMINISTRATIVE RULES AND
REGULATIONS. --
Calls for primaries and elections, Official Compilation of
the Rules and Regulations of the State of Georgia, Georgia Election Code, Dates
of Primaries and Elections, § 183-1-8-.01.
LAW REVIEWS. --
For article on the 2014 amendment of this Code section, see
31 Ga. St. U. L. Rev. 93 (2014).
OPINIONS OF THE ATTORNEY
GENERAL
APPLICABILITY TO
RERUN OF ELECTION. --The provisions of O.C.G.A. § 21-2-540, concerning special
elections, do not apply to the rerun of an election ordered by a superior court
judge based upon the sustaining of an election contest. 1984 Op. Att'y Gen. No.
U84-49.
DATES CONTROLLED BY
GENERAL LEGISLATION. --O.C.G.A. § 21-2-540 establishes by general legislation
the only appropriate dates upon which referendum elections may be held, and any
contradictory local legislation passed during the same session of the General
Assembly would not be operative as to the setting of such an election date.
1991 Op. Att'y Gen. U91-23.
TIME PERIOD MAY NOT
BE VARIED BY LOCAL ACT. --A provision of a local Act requiring that a special
election be held before the expiration of 29 days between the call of the
election and election itself is invalid. 1980 Op. Att'y Gen. No. 80-27.
SPECIAL ELECTION TO
FILL A VACANCY must be held within a reasonable time, in the absence of a
specific time limit. 1969 Op. Att'y Gen. No. 69-514.
VACANCY IN OFFICE
EXISTING FOR SIX YEARS CAN BE FILLED BY SPECIAL ELECTION. --A vacancy in the
office of justice of the peace (now magistrate), notwithstanding the fact that
it has existed for some six years, can lawfully be filled by the call of a
special election. 1967 Op. Att'y Gen. No. 67-435.
PROBATE JUDGE CALLS
SPECIAL PRIMARY. --While the Georgia Election Code does not specify the exact
method of calling a special primary, the judge of the probate court is the
officer generally having jurisdiction of primaries and the judge is the proper
person to call a special primary. 1970 Op. Att'y Gen. No. U70-128.
IT IS POSSIBLE TO
HOLD A SPECIAL PRIMARY AT THE SAME TIME AS THE GENERAL PRIMARY. 1970 Op. Att'y
Gen. No. U70-120.
SCHOOL BOND ELECTION
CALLED BY COUNTY EDUCATION BOARD MAY BE HELD CONCURRENTLY WITH GENERAL
ELECTION. 1965-66 Op. Att'y Gen. No. 65-9.
FORMER LIQUOR
REFERENDUM PROVISION CONTROLS. --In the event of a conflict between former Code
1933, §§ 58-1003, and 34-806 (see now O.C.G.A. § 21-2-540), concerning the date
for holding a liquor referendum, former Code 1933, § 58-1003 controlled. 1979
Op. Att'y Gen. No. 79-23.
APPLICABLE TIME PERIOD.
--Thirty-days (now 29-days) provision of this section should be followed
notwithstanding the shorter time periods prescribed by pre-1964 laws as to
certain offices. 1968 Op. Att'y Gen. No. 68-426.
LISTING OF PARTY
AFFILIATION ON BALLOT. --A candidate in an election may not list a party
affiliation on the ballot unless the candidate has been nominated in a primary
or unless the candidate falls within certain statutory exceptions to this rule.
1970 Op. Att'y Gen. No. U70-120.
FILLING UNEXPIRED
TERM OF COMMISSIONER OF LABOR. --Since the Commissioner of Labor is routinely
elected at the same time as the Governor and holds his or her office for the
same term, an election which must be held to fill the balance of the unexpired
term after the Commissioner withdraws is one "that arises from some
exigency or special need outside the usual routine," which would be
categorized as a "special election" under Georgia law. The Georgia
Election Code certainly authorizes, but does not require, a special primary in
this situation. 1992 Op. Att'y Gen. No. 92-11.
HOUSTON COUNTY.
--Where the local law creating the board of commissioners for Houston County,
as amended, provides that, with regard to vacancies occurring more than one
year prior to the expiration of the term of office, the vacancy "shall be
filled by a special election called by the election superintendent of Houston
County in the same manner as in the case to fill vacancies in other county
offices ...," the general law relating to the filling of a vacancy on the
county commission is not applicable, and the special election to fill the
vacancy in the office of county commissioner should be conducted pursuant to
the general special election provisions of the Georgia Election Code, O.C.G.A.
§§ 21-2-540 and 21-2-541, as is the case with vacancies in other county offices
where there is no specific provision which applies. 1990 Op. Att'y Gen. No.
U90-9.
VACANCIES IN OFFICES
OF MAYOR AND COUNCIL MEMBERS FOR CITY OF WILLACOOCHEE. --Vacancies in the offices
of mayor and council members for the City of Willacoochee should be filled by
special election held on a statutorily authorized date and not by appointment
of the remaining members of the city council. 2008 Op. Att'y Gen. No. U2008-3.
PROSPECTIVE
RESIGNATION OF MEMBER OF CONGRESS does not become effective until the date
named therein and no writ of election to fill the vacancy may issue until that
date. 1945-47 Op. Att'y Gen. p. 241 (decided under former Code 1933, §
34-1904).
AM. JUR. 2D. --
25 Am. Jur. 2d, Elections, § 4; 26 Am. Jur. 2d, Elections, §
270 et seq.
C.J.S. --
29 C.J.S., Elections, §§ 144 et seq., 212.
ALR. --
Validity of special election as affected by publication or
dissemination of matter or information, extrinsic to the question as submitted,
regarding nature or effect of the proposal, 122 A.L.R. 1142.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. TITLE 21 Chapter 2 Article 14
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 14. SPECIAL ELECTIONS AND PRIMARIES GENERALLY; MUNICIPAL TERMS OF OFFICE
TITLE 21 Chapter 2 Article 14 NOTE
Annotations
Research References & Practice Aids
CROSS REFERENCES. --
Special elections pertaining to prohibition of package sales of distilled spirits in counties and municipalities, § 3-4-40 et seq. Special elections in counties and municipalities pertaining to authorization of sale of distilled spirits by private clubs, § 3-7-41. Registration of voters for special primaries and elections, § 21-2-228. Circumstances giving rise to special primary or election, § 21-2-504. Conducting of recall elections in same manner as special elections, § 21-4-14.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-541.1
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 14. SPECIAL ELECTIONS AND PRIMARIES GENERALLY; MUNICIPAL TERMS OF OFFICE
§ 21-2-541.1. Terms for all municipal offices elected at
general municipal elections
All
municipal offices elected at general municipal elections shall be for terms of
four years unless otherwise provided by local law in accordance with Code
Section 21-2-541.2. Unless otherwise provided for by the municipal charter,
municipal officeholders shall be sworn in at their first organizational meeting
of the new year and will hold office until their successors are duly elected
and qualified and take said oath of office.
History
Code 1981, § 21-2-541.1, enacted by Ga. L. 1998, p. 295, § 1; Ga. L. 2001, p. 240, § 45.
Annotations
Research References & Practice Aids
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-541
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 14. SPECIAL ELECTIONS AND PRIMARIES
GENERALLY; MUNICIPAL TERMS OF OFFICE
§ 21-2-541. Holding of special primary or election at time
of general primary or election; inclusion of candidates and questions in
special primary or election on ballot
(a) A
special primary or election may be held at the time of a general primary or
election.
(b) If
the times specified for the closing of the registration list for a special
primary or election are the same as those for a general primary or election,
the candidates and questions in such special primary or election shall be
included on the ballot for such general primary or election. In such an
instance, the name of the office and the candidates in such special election
shall appear on the ballot in the position where such names would ordinarily
appear if such contest was a general primary or election.
History
Code
1933, § 34-807, enacted by Ga. L. 1973, p. 174, § 1; Ga. L. 1975, p. 808, § 2;
Ga. L. 1979, p. 955, § 3; Ga. L. 1996, p. 166, § 1; Ga. L. 1998, p. 295, § 1.
Annotations
Research References & Practice Aids
OPINIONS OF THE ATTORNEY
GENERAL
SPECIAL ELECTION MAY
BE HELD ON DAY OF GENERAL ELECTION. --A special election may be held on the day
of the general election only if the general election deadlines for
qualification by candidates and voter registration are met. 1974 Op. Att'y Gen.
No. 74-130.
REFERENDUM AND
PRIMARY MAY BE HELD ON SAME DAY. --A tax referendum may be held on the same day
as a general primary so long as a separate special election ballot is utilized.
1978 Op. Att'y Gen. No. 78-29.
FILLING UNEXPIRED
TERM OF COMMISSIONER OF LABOR. --Since the Commissioner of Labor is routinely
elected at the same time as the Governor and holds his or her office for the
same term, an election which must be held to fill the balance of the unexpired
term after the Commissioner withdraws is one "that arises from some
exigency or special need outside the usual routine," which would be
categorized as a "special election" under Georgia law. The Georgia
Election Code certainly authorizes, but does not require, a special primary in
this situation. 1992 Op. Att'y Gen. No. 92-11.
HOUSTON COUNTY.
--Where the local law creating the board of commissioners for Houston County,
as amended, provides that, with regard to vacancies occurring more than one
year prior to the expiration of the term of office, the vacancy "shall be
filled by a special election called by the election superintendent of Houston
County in the same manner as in the case to fill vacancies in other county
offices ...," the general law relating to the filling of a vacancy on the
county commission is not applicable, and the special election to fill the
vacancy in the office of county commissioner should be conducted pursuant to
the general special election provisions of the Georgia Election Code, O.C.G.A.
§§ 21-2-540 and 21-2-541, as is the case with vacancies in other county offices
where there is no specific provision which applies. 1990 Op. Att'y Gen. No.
U90-9.
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, §§ 270, 303.
C.J.S. --
29 C.J.S., Elections, § 144 et seq.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-541.2
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 14. SPECIAL ELECTIONS AND PRIMARIES
GENERALLY; MUNICIPAL TERMS OF OFFICE
§ 21-2-541.2. Providing by local law for terms of office
Notwithstanding
Code Section 1-3-11 or any other provision of this chapter, the General
Assembly is authorized to provide by local law:
(1) For
terms of two years for municipal offices, with the local law designating the
offices to be elected and the time periods covered by such terms for each
office;
(2) For
municipal offices to change from concurrent terms to staggered terms or from
staggered terms to concurrent terms, with the local law designating the terms
for each office;
(3) For
such terms to be staggered terms, with the local law designating the terms for
each office;
(4) For
general municipal elections to fill such offices to be held on the Tuesday next
following the first Monday in November in even-numbered years and on such day
biennially thereafter and on the Tuesday next following the first Monday in
November in odd-numbered years and on such day biennially thereafter;
(5) For
municipal offices elected pursuant to a prior local law authorized by this Code
section to change to terms of office of four years, with the local law
designating the offices to be elected and the time periods covered by such
terms for each office;
(6) For
general municipal elections to fill such offices to be held on the Tuesday next
following the first Monday in November in any year during the first six years
immediately following the enactment of a local law pursuant to this Code
section as necessary for the purpose of changing the election and terms of any
such municipal offices to conform to this Code section;
(7) For
initial terms of one, two, three, or four years as necessary to change the
terms of such offices to four-year concurrent or staggered terms of office;
and
(8) Except
as authorized in paragraph (6) of this Code section, for general municipal
elections to be held on the Tuesday next following the first Monday in November
of any odd-numbered year.
History
Code
1981, § 21-2-541.2, enacted by Ga. L. 1998, p. 295, § 1.
Annotations
JUDICIAL DECISIONS
EDITOR'S NOTES. --In
light of the similarity of the statutory provisions, decisions under former
Code Section 21-3-60 are included in the annotations for this Code
section.
FIVE-YEAR TERM FOR
OFFICER ELECTED IN 1992. --The intent of former Code Section 21-3-60 was to set
a five-year term of office for those municipal officers elected in 1992 and the
provision applied to the issue of holding a special election to fill a city
council vacancy. City of E. Point v. League of Women Voters of Atlanta-Fulton
County, Inc., 267 Ga. 112, 475 S.E.2d 598 (1996) (decided under former §
21-3-60).
Research References & Practice Aids
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-543.1
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 14. SPECIAL ELECTIONS AND PRIMARIES GENERALLY; MUNICIPAL TERMS OF OFFICE
§ 21-2-543.1. Procedures for filling vacancies in federal
House of Representatives
In
extraordinary circumstances, where the Speaker of the House of Representatives
in the United States Congress announces that there are more than 100 vacancies
in the federal House of Representatives, the Governor shall issue, within five
days after the speaker announces that such number of vacancies exists, a writ
of election to the Secretary of State for a special election to fill any such
vacancy from this state, which election shall be held on the date named in the
writ, which shall not be more than 49 days after the speaker announces that
such number of vacancies exists.
History
Code 1981, § 21-2-543.1, enacted by Ga. L. 2008, p. 781, § 15/HB 1112; Ga. L. 2020, p. 493, § 21/SB 429.
Annotations
Notes
THE 2020 AMENDMENT, effective July 29, 2020, part of an Act to revise, modernize, and correct the Code, substituted "vacancies exists" for "vacancies exist" in the middle of this Code section.
Research References & Practice Aids
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-543
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 14. SPECIAL ELECTIONS AND PRIMARIES GENERALLY; MUNICIPAL TERMS OF OFFICE
§ 21-2-543. Special election for United States congressional
representative vacancy
Whenever
a vacancy shall occur or exist in the office of Representative in the United
States Congress from this state the Governor shall issue, within ten days after
the occurrence of such vacancy, a writ of election to the Secretary of State
for a special election to fill such vacancy, which election shall be held on
the date named in the writ, which shall not be less than 30 days after its
issuance. Upon receiving the writ of election from the Governor, the Secretary
of State shall then transmit the writ of election to the superintendent of each
county involved and shall publish the call of the election.
History
Code 1933, § 34-804, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1984, p. 638, § 1; Ga. L. 1998, p. 295, § 1.
Annotations
Research References & Practice Aids
ADMINISTRATIVE RULES AND REGULATIONS. --
Calls for primaries and elections, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Election Code, Dates of Primaries and Elections, § 183-1-8-.01.
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, § 270.
C.J.S. --
29 C.J.S., Elections, § 144 et seq.
ALR. --
Statutory provision as to manner and time of notice of special election as mandatory or directory, 119 A.L.R. 661.
Construction and application of vacancies in house of representatives clause of United States Constitution, U.S. Const. Art. I, § 2, cl. 4, and state provisions concerning such elections, 62 A.L.R. 6th 143.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-542
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 14. SPECIAL ELECTIONS AND PRIMARIES GENERALLY; MUNICIPAL TERMS OF OFFICE
§ 21-2-542. Special election for United States senator
vacancy; temporary appointment by Governor
Whenever
a vacancy shall occur in the representation of this state in the Senate of the
United States, such vacancy shall be filled for the unexpired term by the vote
of the electors of the state at a special election to be held at the time of
the next November state-wide general election, occurring at least 40 days after
the occurrence of such vacancy; and it shall be the duty of the Governor to
issue his or her proclamation for such election. Until such time as the vacancy
shall be filled by an election as provided in this Code section, the Governor
may make a temporary appointment to fill such vacancy.
History
Ga. L. 1913, p. 135; Code 1933, § 34-2403; Code 1933, § 34-803, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1998, p. 295, § 1.
Annotations
Research References & Practice Aids
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, § 270.
C.J.S. --
29 C.J.S., Elections, § 144 et seq.
ALR. --
Statutory provision as to manner and time of notice of special election as mandatory or directory, 119 A.L.R. 661.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-545
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 14. SPECIAL ELECTIONS AND PRIMARIES GENERALLY; MUNICIPAL TERMS OF OFFICE
§ 21-2-545. Procedure as to unopposed candidates
Any
other provision of law to the contrary notwithstanding, in the event there is no
opposed candidate in a precinct in a special primary, no special primary shall
be held in such precinct. The proper officials of the unopposed candidate's
political party shall certify him or her as the party nominee for the office
involved for the purpose of having his or her name placed upon the special
election ballots or ballot labels. Where feasible, the superintendent shall
provide notice reasonably calculated to inform the affected electorate that no
special primary election is to be conducted. Each such unopposed candidate
shall be deemed to have voted for himself or herself. The superintendent shall
certify any such unopposed candidate as nominated in the same manner as he or
she certifies other candidates nominated pursuant to Code Section 21-2-493.
History
Code 1981, § 21-2-545, enacted by Ga. L. 1984, p. 1, § 15; Ga. L. 1998, p. 295, § 1.
Annotations
Research References & Practice Aids
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-544
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 14. SPECIAL ELECTIONS AND PRIMARIES
GENERALLY; MUNICIPAL TERMS OF OFFICE
§ 21-2-544. Special election for General Assembly vacancy
Whenever
a vacancy shall occur or exist in either house of the General Assembly, such
vacancy shall be filled as follows:
(1) If
such vacancy shall occur during a session of the General Assembly, the Governor
shall issue, within ten days after the occurrence of such vacancy, a writ of
election to the Secretary of State for a special election to fill such vacancy
which shall be held on the date named in the writ, which shall not be fewer
than 30 nor more than 60 days after its issuance;
(2) Except
as provided in paragraph (4) of this Code section, if such vacancy shall occur
after the conclusion of the regular session which is held during the first year
of the term of office of members of the General Assembly, but more than 60 days
prior to the Tuesday following the first Monday in November of the first year
of the term of office of members of the General Assembly, the Governor may
issue at any time but no later than 60 days prior to the Tuesday following the
first Monday in November of the first year of the term of office of members of
the General Assembly a writ of election to the Secretary of State for a special
election to fill such vacancy which shall be held not fewer than 30 days after
its issuance nor later than 60 days prior to the Tuesday following the first
Monday in November of the first year of the term of office of members of the
General Assembly;
(3) If
such vacancy shall occur after the conclusion of the regular session of the
General Assembly held during the first year of the term of office of members of
the General Assembly during the period beginning 60 days prior to the Tuesday
following the first Monday in November of such year and ending on the day prior
to the beginning of the regular session of the General Assembly held during the
second year of the term of office of members of the General Assembly, the
Governor shall issue, within ten days after the occurrence of such vacancy, a
writ of election to the Secretary of State for a special election to fill such
vacancy which shall be held on the date named in the writ, which shall not be
fewer than 30 nor more than 60 days after its issuance;
(4) If
such vacancy shall occur following the election of a member of the General
Assembly but prior to such member taking office, such vacancy shall be filled
in accordance with Code Section 21-2-504, but such election shall be called
within ten days of such vacancy and shall be held not fewer than 30 nor more
than 60 days following the date of such call;
(5) If
such vacancy shall occur following the conclusion of the regular session of the
General Assembly during the second year of the term of office of members of the
General Assembly, the issuance of a writ of election to fill such vacancy shall
be in the discretion of the Governor except as otherwise provided in paragraph
(6) of this Code section and if the Governor chooses to issue such writ of election
to fill such vacancy, such election shall be held on the date named in the
writ, which shall not be fewer than 30 nor more than 60 days after its
issuance; or
(6) (A)
If such vacancy shall exist at a time when the members of the General Assembly
shall be required to meet in special session, the Governor shall issue, within
two days after the calling of an extraordinary session of the General Assembly
during the existence of such vacancy, a writ of election to the Secretary of
State for a special election to fill such vacancy which shall be held on the
date named in the writ, which shall not be fewer than 30 nor more than 60 days
after its issuance; or
(B) If such vacancy shall occur after
the issuance by the Governor of a call for an extraordinary session of the
General Assembly, but prior to the conclusion of such extraordinary session,
the Governor shall issue, within five days after the occurrence of such
vacancy, a writ of election to the Secretary of State for a special election to
fill such vacancy which shall be held on the date named in the writ, which
shall not be fewer than 30 nor more than 60 days after its issuance.
Upon
receiving the writ of election from the Governor, the Secretary of State shall
then transmit the writ of election to the superintendent of each county
involved and shall publish the call of the election.
History
Code
1933, § 34-805, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1965, p.
3, § 1; Ga. L. 1970, p. 88, § 1; Ga. L. 1984, p. 638, § 2; Ga. L. 1998, p. 295,
§ 1; Ga. L. 2001, p. 230, § 16; Ga. L.
2012, p. 995, § 43/SB 92.
Annotations
Research References & Practice Aids
ADMINISTRATIVE RULES AND REGULATIONS.
--
Calls for primaries and elections, Official Compilation of
the Rules and Regulations of the State of Georgia, Georgia Election Code, Dates
of Primaries and Elections, § 183-1-8-.01.
LAW REVIEWS. --
For article, "Local Government Law," see 53 Mercer
L. Rev. 389 (2001).
For note on the
2001 amendment to this Code section, see 18 Ga. St. U. L. Rev. 114 (2001).
C.J.S. --
29 C.J.S., Elections, § 144 et seq.
ALR. --
Statutory provision as to manner and time of notice of
special election as mandatory or directory, 119 A.L.R. 661.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-561
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 15. MISCELLANEOUS OFFENSES
§ 21-2-561. False registration
Any
person who:
(1) Registers
as an elector knowing that such elector does not possess the qualifications
required by law;
(2) Registers
as an elector under any other name than the elector's own name; or
(3) Knowingly
gives false information when registering as an elector
shall
be guilty of a felony and, upon conviction thereof, shall be sentenced to
imprisonment for not less than one nor more than ten years or to pay a fine not
to exceed $100,000.00, or both.
History
Ga.
L. 1894, p. 115, § 13; Penal Code 1895, § 625; Penal Code 1910, § 660; Code
1933, § 34-9901; Code 1933, § 34-1902, enacted by Ga. L. 1964, Ex. Sess., p.
26, § 1; Ga. L. 1994, p. 1443, § 11; Ga. L. 1998, p. 295, § 1; Ga. L. 2007, p. 536, § 3/SB 40.
Annotations
Case Notes
JUDICIAL DECISIONS
APPLICABILITY.
--This section was applicable in the case of one who removed disqualification
and became a legal voter. Drake v. Drewry, 112 Ga. 308, 37 S.E. 432 (1900) see
also Cole v. McClendon, 109 Ga. 183, 34 S.E. 384 (1899).
Research References & Practice Aids
OPINIONS OF THE ATTORNEY
GENERAL
CHANGING RACIAL
DESIGNATION. --Person may change the racial designation given on that voter's
registration card without penalty. 1977 Op. Att'y Gen. No. 77-28.
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, § 448.
C.J.S. --
29 C.J.S., Elections, §§ 572, 573.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. TITLE 21 Chapter 2 Article 15
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 15. MISCELLANEOUS OFFENSES
TITLE 21 Chapter 2 Article 15 NOTE
Annotations
Research References & Practice Aids
ALR. --
Punishment of election officers for contempt, 64 A.L.R. 1019.
Acts of others upon which charges of bribery or improper influencing of voters are predicated as chargeable to candidate, for purpose of disqualifying him for the office to which he is elected, 121 A.L.R. 601.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-563
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 15. MISCELLANEOUS OFFENSES
§ 21-2-563. Improper signing or alteration of nomination
petitions or affidavits
Any
person who knowingly and willfully:
(1) Signs
any nomination petition without having the qualifications prescribed by this
chapter;
(2) Sets
any false statement opposite the signature on a nomination petition;
(3) Signs
more nomination petitions than permitted by this chapter;
(4) Makes
a false statement in any affidavit required by this chapter to be appended to
or to accompany a nomination petition;
(5) Signs
any name not his or her own to any nomination petition; or
(6) Materially
alters any nomination petition without the consent of the signers
shall
be guilty of a felony.
History
Code
1933, §§ 34-1908, 34-1909, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga.
L. 1998, p. 295, § 1.
Annotations
Research References & Practice Aids
ALR. --
Nonregistration as affecting one's qualification as signer
of petition for special election, submission of proposition, or nominating
petition, 100 A.L.R. 1308.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-562
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 15. MISCELLANEOUS OFFENSES
§ 21-2-562. Fraudulent entries; unlawful alteration or
destruction of entries; unlawful removal of documents; neglect or refusal to
deliver documents
(a) Any
person who willfully:
(1) Inserts
or permits to be inserted any fictitious name, false figure, false statement,
or other fraudulent entry on or in any registration card, electors list,
voter's certificate, affidavit, tally paper, general or duplicate return sheet,
statement, certificate, oath, voucher, account, ballot, or other record or
document authorized or required to be made, used, signed, returned, or
preserved for any public purpose in connection with any primary or
election;
(2) Alters
materially or intentionally destroys any entry which has been lawfully made
therein; or
(3) Takes
or removes any book, affidavit, return, account, ballot, or other document or
record from the custody of any person having lawful charge thereof, in order to
prevent the same from being used or inspected or copied as required or
permitted by this chapter
shall be guilty of a felony and, upon
conviction thereof, shall be sentenced to imprisonment for not less than one
nor more than ten years or to pay a fine not to exceed $100,000.00, or
both.
(b) Any
person who willfully neglects or refuses, within the time and in the manner
required by this chapter, to deliver any such document described in subsection
(a) of this Code section into the custody of the officers who are required by
this chapter to use or keep the same shall be guilty of a misdemeanor.
History
Ga.
L. 1958, p. 269, § 46; Code 1933, § 34-1905, enacted by Ga. L. 1964, Ex. Sess.,
p. 26, § 1; Ga. L. 1977, p. 313, § 2; Ga. L. 1998, p. 295, § 1; Ga. L. 2007, p. 536, § 4/SB 40; Ga. L. 2010, p. 914, § 26/HB 540.
Annotations
Research References & Practice Aids
CROSS REFERENCES. --
Fraud generally, § 23-2-50 et seq. and T. 51, C. 6.
OPINIONS OF THE ATTORNEY
GENERAL
FINGERPRINTING NOT
REQUIRED. --An offense under O.C.G.A. § 21-2-562 would not be designated as one
which requires fingerprinting. 1998 Op. Att'y Gen. No. 98-20.
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, §§ 448, 449.
C.J.S. --
29 C.J.S., Elections, §§ 568, 572 et seq., 575 et seq.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-560
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 15. MISCELLANEOUS OFFENSES
§ 21-2-560. Making of false statements generally
Except
as otherwise provided in Code Section 21-2-565, any person who shall make a
false statement under oath or affirmation regarding any material matter or
thing relating to any subject being investigated, heard, determined, or acted
upon by any public official, in accordance with this chapter, shall be guilty
of a misdemeanor.
History
Ga. L. 1894, p. 115, § 13; Penal Code 1895, § 625; Penal Code 1910, § 660; Code 1933, § 34-9901; Code 1933, § 34-1901, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1998, p. 295, § 1.
Annotations
Case Notes
JUDICIAL DECISIONS
CITED in Hogan v. State, 316 Ga. App. 708, 730 S.E.2d 178 (2012).
Research References & Practice Aids
CROSS REFERENCES. --
False swearing generally, § 16-10-71.
OPINIONS OF THE ATTORNEY GENERAL
FINGERPRINTING NOT REQUIRED. --An offense under O.C.G.A. § 21-2-560 would not be designated as one which requires fingerprinting. 1998 Op. Att'y Gen. No. 98-20.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-565
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 15. MISCELLANEOUS OFFENSES
§ 21-2-565. Making of false statements in connection with
filing notice of candidacy or qualifying as candidate for party nomination;
duties of district attorney as to violations
(a) Any
person knowingly making any false statement in connection with filing a notice
of candidacy under Code Section 21-2-132 or in connection with qualifying as a
candidate for party nomination under Code Section 21-2-153 commits the offense
of false swearing.
(b) The
district attorney of any judicial circuit or of the county in which all or the
greater portion of any municipality is situated shall furnish all investigative
personnel and facilities to the Secretary of State, the superintendent, or
political party, as the case may be, as needed to determine the accuracy and
correctness of all facts set forth in the affidavits filed pursuant to Code
Sections 21-2-132 and 21-2-153 and shall commence prosecution of any person
when it appears that a violation of this Code section has occurred.
(c) Where
proper venue of any such prosecution would be in another county, the district
attorney whose office conducted the investigation shall forward all evidence
and other data to the district attorney of the county where venue is proper;
and prosecution shall be commenced by such official.
History
Code
1933, § 34-1901.1, enacted by Ga. L. 1974, p. 522, § 1; Ga. L. 1976, p. 205, §
2; Ga. L. 1998, p. 295, § 1.
Annotations
Case Notes
JUDICIAL DECISIONS
SUFFICIENCY OF
INDICTMENT. --Indictment for "making false statements in notice of
candidacy" was sufficient even though it did not expressly allege that
defendant filed an affidavit at the time of qualifying; the indictment did
expressly allege that defendant knowingly and willfully made a false statement
about being a resident for one year in the district and the defendant's
eligibility to hold office in connection with qualifying as a candidate. State
v. Kindberg, 211 Ga. App. 117, 438 S.E.2d 116 (1993).
CLASSIFICATION OF
OFFENSE. --Jolley v. Grantham, 206 Ga. App. 100, 424 S.E.2d 362 (1992), to the
extent that it states that the offense of false swearing under O.C.G.A. §
21-2-565 is punishable as a misdemeanor, rather than as a felony, is
disapproved. Hogan v. State, 316 Ga. App. 708, 730 S.E.2d 178 (2012).
SENTENCE AFFIRMED
BECAUSE THE OFFENSE CONSTITUTED A FELONY. --Defendant was not entitled to
relief from the defendant's sentence for false swearing, in violation of
O.C.G.A. § 21-2-565, because the rule of lenity did not apply in that there was
no uncertainty as to the applicable sentence for the crime, and the imposition
of a five-year sentence was appropriate and within the sentencing range, under
O.C.G.A. § 16-10-71, for the offense, which constituted a felony under O.C.G.A.
§ 16-1-3. Hogan v. State, 316 Ga. App. 708, 730 S.E.2d 178 (2012).
CITED in Spillers v.
State, 299 Ga. App. 854, 683 S.E.2d 903 (2009).
Research References & Practice Aids
CROSS REFERENCES. --
False swearing generally, § 16-10-71.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-567
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 15. MISCELLANEOUS OFFENSES
§ 21-2-567. Intimidation of electors
(a) Any
person who uses or threatens to use force and violence, or acts in any other
manner to intimidate any other person, to:
(1) Vote
or refrain from voting at any primary or election, or to vote or refrain from
voting for or against any particular candidate or question submitted to
electors at such primary or election; or
(2) Place
or refrain from placing his or her name upon a register of electors
shall be guilty of a felony and, upon
conviction thereof, shall be sentenced to imprisonment for not less than one
nor more than ten years or to pay a fine not to exceed $100,000.00, or both.
(b) As
used in this Code section, the term "acts in any other manner to
intimidate" means to undertake or pursue a knowing and willful course of
conduct which causes emotional distress by placing another person in reasonable
fear for such person's safety or for the safety of another person and which
serves no legitimate purpose.
History
Code
1933, § 34-1934, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1998, p.
295, § 1; Ga. L. 2007, p. 536, § 6/SB
40; Ga. L. 2008, p. 781, § 17/HB 1112.
Annotations
Research References & Practice Aids
OPINIONS OF THE ATTORNEY
GENERAL
FINGERPRINTING
REQUIRED. --An offense under O.C.G.A. § 21-2-567 would be designated as one
which requires fingerprinting. 1998 Op. Att'y Gen. No. 98-20.
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, § 454.
C.J.S. --
29 C.J.S., Elections, § 576.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-569
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 15. MISCELLANEOUS OFFENSES
§ 21-2-569. Interfering with poll officers
Any
person, including any poll officer, who willfully prevents any poll officer
from performing the duties imposed on him or her by this chapter shall be guilty
of a felony.
History
Code 1933, § 34-1906, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1998, p. 295, § 1.
Annotations
Research References & Practice Aids
C.J.S. --
29 C.J.S., Elections, §§ 575, 576.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-566
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 15. MISCELLANEOUS OFFENSES
§ 21-2-566. Interference with primaries and elections
generally
Any
person who:
(1) Willfully
prevents or attempts to prevent any poll officer from holding any primary or
election under this chapter;
(2) Uses
or threatens violence in a manner that would prevent a reasonable poll officer
or actually prevents a poll officer from the execution of his or her duties or
materially interrupts or improperly and materially interferes with the
execution of a poll officer's duties;
(3) Willfully
blocks or attempts to block the avenue to the door of any polling place;
(4) Uses
or threatens violence in a manner that would prevent a reasonable elector from
voting or actually prevents any elector from voting;
(5) Willfully
prepares or presents to any poll officer a fraudulent voter's certificate not
signed by the elector whose certificate it purports to be;
(6) Knowingly
deposits fraudulent ballots in the ballot box;
(7) Knowingly
registers fraudulent votes upon any voting machine; or
(8) Willfully
tampers with any electors list, voter's certificate, numbered list of voters,
ballot box, voting machine, direct recording electronic (DRE) equipment,
electronic ballot marker, or tabulating machine
shall
be guilty of a felony and, upon conviction thereof, shall be sentenced to
imprisonment for not less than one nor more than ten years or to pay a fine not
to exceed $100,000.00, or both.
History
Code
1933, § 34-1924, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1985, p.
206, § 1; Ga. L. 1998, p. 295, § 1; Ga. L. 2003, p. 517, § 61; Ga. L. 2007, p. 536, § 5/SB 40; Ga. L. 2008, p. 781, § 16/HB 1112; Ga. L. 2019, p. 7, § 44/HB 316.
Annotations
Notes
THE 2019 AMENDMENT,
effective April 2, 2019, inserted "electronic ballot marker," near
the end of paragraph (8).
Commentary
CODE COMMISSION NOTES. --
Pursuant to Code Section 28-9-5, in 2019, a period was
deleted at the end of paragraph (8).
LAW REVIEWS. --
For article on the 2019 amendment of this Code section, see
36 Ga. St. U.L. Rev. 81 (2019).
Case Notes
JUDICIAL DECISIONS
EDITOR'S NOTES. --In
light of the similarity of the statutory provisions, decisions under former
Penal Code 1910, § 660 are included in the annotations for this Code
section.
PRIMARY ELECTIONS
content of section 660, subsection 6, Penal Code 1910, which provided that any
person who shall deposit a ballot at any election in any name other than that
person's own name, as it appears on the list of registered voters prescribed by
law, shall be guilty of a misdemeanor. George v. State, 18 Ga. App. 753, 90
S.E. 493 (1916); Mark v. State, 18 Ga. App. 754, 90 S.E. 493 (1916) (decided
under former Penal Code 1910, § 660).
Research References & Practice Aids
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, § 454.
C.J.S. --
29 C.J.S., Elections, §§ 568, 572, 575 et seq.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-564
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 15. MISCELLANEOUS OFFENSES
§ 21-2-564. Willful destruction, fraudulent filing, or
suppression of nomination materials
Any
person who willfully makes any false nomination certificate or defaces or
destroys any nomination petition, nomination certificate, or nomination paper,
or letter of withdrawal, knowing the same, or any part thereof, to be made
falsely, or suppresses any nomination petition, nomination certificate, or
nomination paper or any part thereof which has been duly filed shall be guilty
of a felony.
History
Code 1933, § 34-1910, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1998, p. 295, § 1; Ga. L. 2020, p. 493, § 21/SB 429.
Annotations
Notes
THE 2020 AMENDMENT, effective July 29, 2020, part of an Act to revise, modernize, and correct the Code, revised punctuation in this Code section.
Research References & Practice Aids
ALR. --
Nonregistration as affecting one's qualification as signer of petition for special election, submission of proposition, or nominating petition, 100 A.L.R. 1308.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-568
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 15. MISCELLANEOUS OFFENSES
§ 21-2-568. Entry into voting compartment or booth while
another voting; interfering with elector; inducing elector to reveal or
revealing elector's vote; influencing voter while assisting
(a) Any
person who knowingly:
(1) Goes
into the voting compartment or voting machine booth while another is voting or
marks the ballot or registers the vote for another, except in strict accordance
with this chapter;
(2) Interferes
with any elector marking his or her ballot or registering his or her vote;
(3) Attempts
to induce any elector before depositing his or her ballot to show how he or she
marks or has marked his or her ballot; or
(4) Discloses
to anyone how another elector voted, without said elector's consent, except
when required to do so in any legal proceeding
shall be guilty of a felony.
(b) Any
person who, while giving lawful assistance to another, attempts to influence
the vote of the elector he or she is assisting or marks a ballot or registers a
vote in any other way than that requested by the voter he or she is assisting
shall be guilty of a felony and, upon conviction thereof, shall be sentenced to
imprisonment for not less than one nor more than ten years or to pay a fine not
to exceed $100,000.00, or both.
History
Code
1933, § 34-1926, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1989, p.
1090, § 1; Ga. L. 1998, p. 295, § 1;
Ga. L. 2007, p. 536, § 7/SB 40;
Ga. L. 2008, p. 781, § 18/HB 1112;
Ga. L. 2010, p. 914, § 27/HB 540.
Annotations
Research References & Practice Aids
CROSS REFERENCES. --
Conduct by electors within voting compartment or booth, and
as to campaign activities within vicinity of polling place, §§ 21-2-413,
21-2-414.
OPINIONS OF THE ATTORNEY
GENERAL
FINGERPRINTING NOT
REQUIRED. --An offense under O.C.G.A. § 21-2-568 would not be designated as one
which requires fingerprinting. 1998 Op. Att'y Gen. No. 98-20.
C.J.S. --
29 C.J.S., Elections, §§ 568 et seq., 581 et seq.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-571
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 15. MISCELLANEOUS OFFENSES
§ 21-2-571. Voting by unqualified elector or giving false
information
Any
person who votes or attempts to vote at any primary or election, knowing that
such person does not possess all the qualifications of an elector at such primary
or election, as required by law, or who votes or attempts to vote at any
primary in violation of Code Section 21-2-223 or who knowingly gives false
information to poll officers in an attempt to vote in any primary or election
shall be guilty of a felony and, upon conviction thereof, shall be sentenced to
imprisonment for not less than one nor more than ten years or to pay a fine not
to exceed $100,000.00, or both.
History
Code 1933, § 34-1929, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1994, p. 1443, § 12; Ga. L. 1998, p. 295, § 1; Ga. L. 2007, p. 536, § 8/SB 40.
Annotations
Case Notes
JUDICIAL DECISIONS
CITED in Taggart v. Phillips, 242 Ga. 484, 249 S.E.2d 268 (1978).
Research References & Practice Aids
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, § 448.
C.J.S. --
29 C.J.S., Elections, § 572.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-574
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 15. MISCELLANEOUS OFFENSES
§ 21-2-574. Unlawful possession of ballots
Any
person, other than an officer charged by law with the care of ballots or a person
entrusted by any such officer with the care of the same for a purpose required
by law, who has in his or her possession outside the polling place any official
ballot shall be guilty of a felony.
History
Ga. L. 1949, p. 1291, § 2A; Code 1933, § 34-1912, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1998, p. 295, § 1; Ga. L. 2010, p. 914, § 28/HB 540.
Annotations
Research References & Practice Aids
OPINIONS OF THE ATTORNEY GENERAL
POSSESSION OF VOTER'S ABSENTEE BALLOT. --The mere possession of another voter's absentee ballot does not constitute unlawful possession of an absentee ballot under either O.C.G.A. § 21-2-385(a) or O.C.G.A. § 21-2-574. 2016 Op. Att'y Gen. No. 16-2.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-573
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 15. MISCELLANEOUS OFFENSES
§ 21-2-573. Absentee voting by unqualified elector
Any
person who votes or attempts to vote by absentee ballot at any primary or
election under Article 10 of this chapter who knows that he or she is not
qualified to vote shall be guilty of a felony and, upon conviction thereof,
shall be sentenced to imprisonment for not less than one nor more than ten
years or to pay a fine not to exceed $100,000.00, or both.
History
Code 1933, § 34-1932, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1998, p. 295, § 1; Ga. L. 2007, p. 536, § 10/SB 40; Ga. L. 2008, p. 781, § 19/HB 1112.
Annotations
Case Notes
JUDICIAL DECISIONS
CONSTRUCTION. --O.C.G.A. § 21-2-573 has never defined who is eligible to vote because the phrase "is not qualified to vote" encompasses persons who do not meet the qualifications to vote at all in the relevant election, O.C.G.A. § 21-2-216 (setting forth qualifications of electors), apart from whether the electors meet whatever qualifications might have existed for voting by absentee ballot; the General Assembly clarified that any elector can seek to vote by absentee ballot without having a reason, yet the legislature did not amend § 21-2-573, indicating that electors can still violate § 21-2-573 if the electors are not qualified to vote at all. Spalding County Bd. of Elections v. McCord, 287 Ga. 835, 700 S.E.2d 558 (2010).
Research References & Practice Aids
OPINIONS OF THE ATTORNEY GENERAL
FINGERPRINTING NOT REQUIRED. --An offense under O.C.G.A. § 21-2-573 would not be designated as one which requires fingerprinting. 1998 Op. Att'y Gen. No. 98-20.
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, § 448.
C.J.S. --
29 C.J.S., Elections, § 572.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-572
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 15. MISCELLANEOUS OFFENSES
§ 21-2-572. Repeat voting in same primary or election
Any
person who votes in more than one precinct in the same primary or election or
otherwise fraudulently votes more than once at the same primary or election
shall be guilty of a felony and, upon conviction thereof, shall be sentenced to
imprisonment for not less than one nor more than ten years or to pay a fine not
to exceed $100,000.00, or both.
History
Laws 1833, Cobb's 1851 Digest, p. 819; Laws 1840, Cobb's 1851 Digest, p. 819; Code 1863, § 4442; Code 1868, § 4484; Code 1873, § 4568; Code 1882, § 4568; Penal Code 1895, § 627; Penal Code 1910, § 663; Code 1933, § 34-9904; Code 1933, § 34-1930, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1982, p. 1512, § 5; Ga. L. 1998, p. 295, § 1; Ga. L. 2007, p. 536, § 9/SB 40.
Annotations
Research References & Practice Aids
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, § 448.
C.J.S. --
29 C.J.S., Elections, § 572.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-570
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 15. MISCELLANEOUS OFFENSES
§ 21-2-570. Giving or receiving, offering to give or
receive, or participating in the giving or receiving of money or gifts for
registering as a voter, voting, or voting for a particular candidate
Any
person who gives or receives, offers to give or receive, or participates in the
giving or receiving of money or gifts for the purpose of registering as a
voter, voting, or voting for a particular candidate in any primary or election
shall be guilty of a felony.
History
Laws 1840, Cobb's 1851 Digest, p. 819; Code 1863, § 4443; Code 1868, § 4485; Code 1873, § 4569; Ga. L. 1880-81, p. 129, § 1; Code 1882, § 4569; Penal Code 1895, § 629; Ga. L. 1904, p. 97, § 1; Ga. L. 1905, p. 111, § 1; Ga. L. 1906, p. 46, § 1; Penal Code 1910, §§ 665, 675; Code 1933, §§ 34-9907, 34-9926; Code 1933, § 34-1933, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1998, p. 295, § 1; Ga. L. 1999, p. 52, § 18.
Annotations
Case Notes
JUDICIAL DECISIONS
THIS SECTION WAS NOT VOID FOR VAGUENESS OR OVERBREADTH. King v. State, 244 Ga. 536, 261 S.E.2d 333 (1979).
BUYING OR SELLING VOTES is immoral and note given in such transaction is void. Exchange Nat'l Bank v. Henderson, 139 Ga. 260, 77 S.E. 36, 51 L.R.A. (n.s.) 549 (1913).
FOR SUFFICIENCY OF AN INDICTMENT AND EVIDENCE in a prosecution under this section, see Lepinsky v. State, 7 Ga. App. 285, 66 S.E. 965 (1910).
FOR SUFFICIENCY OF INDICTMENT, see Cohen, Murrah & Pierce v. State, 104 Ga. 734, 30 S.E. 932 (1898).
Research References & Practice Aids
CROSS REFERENCES. --
Penalty for selling of public office, § 45-11-2.
ADMINISTRATIVE RULES AND REGULATIONS. --
Giving or receiving, offering to give or receive, or participating in the giving or receiving of money or gifts for registering as a voter, voting, or voting for a particular candidate, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Election Code, Penalties, § 183-1-19-.01.
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, § 450.
C.J.S. --
29 C.J.S., Elections, §§ 579, 580.
ALR. --
Acts of others upon which charges of bribery or improper influencing of voters are predicated as chargeable to candidate, for purpose of disqualifying him for the office to which he is elected, 121 A.L.R. 601.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-575
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 15. MISCELLANEOUS OFFENSES
§ 21-2-575. Counterfeit ballots or ballot labels; sample or
facsimile ballots
(a) Any
person who makes, constructs, or has in his or her possession any counterfeit
of an official ballot or ballot label shall be guilty of a felony.
(b) This
Code section shall not be applied to facsimile ballots printed and published as
an aid to electors in any newspaper generally and regularly circulated within
this state, so long as such facsimile ballot is at least 25 percent larger or
smaller than the official ballot of which it is a facsimile. This Code section
shall not be applied to any sample or facsimile ballots or ballot labels
obtained under Code Section 21-2-400. Nothing in this Code section shall be so
construed as to prohibit the procurement and distribution of reprints of the
said newspaper printings; nor shall it be so construed as to prohibit the
preparation and distribution by election officials of facsimile ballots and
ballot labels or portions thereof, provided that they are of a different color
and at least 25 percent larger or smaller than the official ballots or ballot
labels.
(c) Nothing
in this Code section shall be so construed as to prohibit any person from
procuring and distributing reprints or portions of reprints of any sample or
facsimile ballots or ballot labels as provided in Code Section 21-2-400,
provided such reprints or portions of reprints are of a different color and at
least 25 percent larger or smaller than the official ballots or ballot labels.
History
Ga.
L. 1949, p. 1291, § 2A; Code 1933, § 34-1913, enacted by Ga. L. 1964, Ex.
Sess., p. 26, § 1; Ga. L. 1969, p. 329, § 25; Ga. L. 1980, p. 1256, § 8; Ga. L.
1998, p. 295, § 1; Ga. L. 2010, p. 914,
§ 29/HB 540.
Annotations
Research References & Practice Aids
OPINIONS OF THE ATTORNEY
GENERAL
DISTRIBUTION OF
SAMPLE BALLOTS. --Ordinary (now superintendent) does not have authority to
distribute electorate sample ballots prior to the next general election; even
if such authority were contained in the Georgia Election Code, it is extremely
doubtful whether public funds could be used. 1968 Op. Att'y Gen. No. 68-4.
FACSIMILE BALLOTS
MAY BE PRINTED IN GENERAL CIRCULATION NEWSPAPER. --While the printing or
possession of a counterfeit of an official ballot constitutes a felony,
facsimile ballots may be printed in any newspaper generally circulated within
the state as an aid to the electors. 1965-66 Op. Att'y Gen. No. 66-135.
C.J.S. --
29 C.J.S., Elections, § 578.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-578
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 15. MISCELLANEOUS OFFENSES
§ 21-2-578. Unfolding, opening, or prying into ballots
Any
person who, before any ballot is deposited in the ballot box as provided by
this chapter, willfully unfolds, opens, or pries into any such ballot with the
intent to discover the manner in which the same has been marked shall be guilty
of a misdemeanor.
History
Code 1933, § 34-1923, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1998, p. 295, § 1; Ga. L. 2010, p. 914, § 31/HB 540.
Annotations
Research References & Practice Aids
OPINIONS OF THE ATTORNEY GENERAL
FINGERPRINTING NOT REQUIRED. --An offense under O.C.G.A. § 21-2-578 would not be designated as one which requires fingerprinting. 1998 Op. Att'y Gen. No. 98-20.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-577
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 15. MISCELLANEOUS OFFENSES
§ 21-2-577. Improper removal of ballots from book of official
ballots
Any
person removing any ballot from any book of official ballots, except in the
manner provided by this chapter, shall be guilty of a misdemeanor.
History
Code 1933, § 34-1931, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1998, p. 295, § 1.
Annotations
Research References & Practice Aids
OPINIONS OF THE ATTORNEY GENERAL
FINGERPRINTING NOT REQUIRED. --An offense under O.C.G.A. § 21-2-577 would not be designated as one which requires fingerprinting. 1998 Op. Att'y Gen. No. 98-20.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-576
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 15. MISCELLANEOUS OFFENSES
§ 21-2-576. Destroying, defacing, or delaying delivery of
ballots
Any
person who willfully destroys or defaces any ballot or willfully delays the
delivery of any ballots shall be guilty of a misdemeanor.
History
Code 1933, § 34-1914, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1998, p. 295, § 1; Ga. L. 2010, p. 914, § 30/HB 540.
Annotations
Research References & Practice Aids
OPINIONS OF THE ATTORNEY GENERAL
FINGERPRINTING NOT REQUIRED. --An offense under O.C.G.A. § 21-2-576 would not be designated as one which requires fingerprinting. 1998 Op. Att'y Gen. No. 98-20.
C.J.S. --
29 C.J.S., Elections, §§ 575, 576.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-579
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 15. MISCELLANEOUS OFFENSES
§ 21-2-579. Fraudulently allowing ballot or voting machine
to be seen; casting unofficial ballot; receiving unauthorized assistance in
voting
Any
voter at any primary or election who:
(1) Allows
his or her ballot or the face of the voting machine used by him or her to be
seen by any person with the apparent intention of letting it be known for a
fraudulent purpose how he or she is about to vote;
(2) Casts
or attempts to cast any other than the official ballot which has been given to
him or her by the proper poll officer, or advises or procures another to do
so;
(3) Without
having made the affirmation under oath or declaration required by Code Section
21-2-409, or when the disability which he or she declared at the time of
registration no longer exists, permits another to accompany him or her into the
voting compartment or voting machine booth or to mark his or her ballot or to
register his or her vote on the voting machine or direct recording electronic
(DRE) equipment or use an electronic ballot marker; or
(4) States
falsely to any poll officer that because of his or her inability to read the
English language or because of blindness, near-blindness, or other physical
disability he or she cannot mark the ballot or operate the voting machine
without assistance
shall
be guilty of a misdemeanor.
History
Code
1933, § 34-1925, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1989, p.
911, § 2; Ga. L. 1998, p. 295, § 1; Ga. L. 2003, p. 517, § 62; Ga. L. 2010, p. 914, § 32/HB 540; Ga. L. 2019, p. 7, § 45/HB 316.
Annotations
Notes
THE 2019 AMENDMENT,
effective April 2, 2019, inserted "or use an electronic ballot
marker" near the end of paragraph (3).
Research References & Practice Aids
CROSS REFERENCES. --
Fraud generally, § 23-2-50 et seq.
LAW REVIEWS. --
For article on the 2019 amendment of this Code section, see
36 Ga. St. U.L. Rev. 81 (2019).
OPINIONS OF THE ATTORNEY
GENERAL
FINGERPRINTING NOT
REQUIRED. --An offense under O.C.G.A. § 21-2-579 would not be designated as one
which requires fingerprinting. 1998 Op. Att'y Gen. No. 98-20.
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, § 448.
C.J.S. --
29 C.J.S., Elections, § 572.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-580
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 15. MISCELLANEOUS OFFENSES
§ 21-2-580. Tampering with, damaging, improper preparation
of, or prevention of proper operation of voting machines or electronic ballot
markers or tabulating machines
Any
person who:
(1) Unlawfully
opens, tampers with, or damages any voting machine or electronic ballot marker
or tabulating machine to be used or being used at any primary or election;
(2) Willfully
prepares a voting machine or an electronic ballot marker or tabulating machine
for use in a primary or election in improper order for voting; or
(3) Prevents
or attempts to prevent the correct operation of such electronic ballot marker
or tabulating machine or voting machine
shall
be guilty of a felony.
History
Code
1933, § 34-1915, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1998, p.
295, § 1; Ga. L. 2019, p. 7, § 46/HB
316.
Annotations
Notes
THE 2019 AMENDMENT,
effective April 2, 2019, inserted "or electronic ballot marker or
tabulating machine" in paragraph (1); inserted "or an electronic
ballot marker or tabulating machine" in paragraph (2); and inserted
"electronic ballot marker or tabulating machine or voting" in
paragraph (3).
Research References & Practice Aids
LAW REVIEWS. --
For article on the 2019 amendment of this Code section, see
36 Ga. St. U.L. Rev. 81 (2019).
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-581
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 15. MISCELLANEOUS OFFENSES
§ 21-2-581. Unauthorized making or possession of voting machine
key
Any
unauthorized person who makes or knowingly has in his or her possession a key
to a voting machine to be used or being used in any primary or election shall
be guilty of a felony.
History
Code 1933, § 34-1916, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1998, p. 295, § 1.
Annotations
Research References & Practice Aids
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-583
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 15. MISCELLANEOUS OFFENSES
§ 21-2-583. Removal or destruction of election supplies or conveniences
Any
person who:
(1) Prior
to any primary or election, willfully defaces, removes, or destroys any notice
or list of candidates posted in accordance with this chapter;
(2) During
any primary or election, willfully defaces, tears down, removes, or destroys
any card of instructions, notice of penalties, or diagram printed or posted for
the instruction of electors; or
(3) During
any primary or election, willfully removes or destroys any of the supplies or
conveniences furnished to any polling place in order to enable electors to vote
or the poll officers to perform their duties
shall
be guilty of a misdemeanor.
History
Code
1933, § 34-1918, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1998, p.
295, § 1.
Annotations
Research References & Practice Aids
OPINIONS OF THE ATTORNEY
GENERAL
FINGERPRINTING NOT
REQUIRED. --An offense under O.C.G.A. § 21-2-583 would not be designated as one
which requires fingerprinting. 1998 Op. Att'y Gen. No. 98-20.
C.J.S. --
29 C.J.S., Elections,
§§ 575, 576.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-585
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 15. MISCELLANEOUS OFFENSES
§ 21-2-585. Refusal by superintendent or his or her employee
to permit public inspection of documents; removal, destruction, or alteration
of documents
(a) Any
superintendent or employee of his or her office who willfully refuses to permit
the public inspection or copying, in accordance with this chapter, of any
general or duplicate return sheet, tally paper, affidavit, petition,
certificate, paper, account, contract, report, or any other document or record
in his or her custody, or who willfully removes any such document or record
from his or her office during said period, or who permits the same to be
removed, except pursuant to the direction of any competent authority, shall be
guilty of a misdemeanor.
(b) Any
superintendent or employee of his or her office who willfully destroys or
alters, or permits to be destroyed or altered, any document described in
subsection (a) of this Code section during the period for which the same is
required to be kept shall be guilty of a felony.
History
Code
1933, § 34-1904, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1998, p.
295, § 1.
Annotations
Research References & Practice Aids
CROSS REFERENCES. --
Requirement that superintendent open primary and election
records to inspection by public, § 21-2-72.
OPINIONS OF THE ATTORNEY
GENERAL
FINGERPRINTING NOT
REQUIRED. --An offense under O.C.G.A. § 21-2-585 would not be designated as one
which requires fingerprinting. 1998 Op. Att'y Gen. No. 98-20.
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, § 456.
C.J.S. --
29 C.J.S., Elections, § 573.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-582.1
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 15. MISCELLANEOUS OFFENSES
§ 21-2-582.1. Penalty for voting equipment modification
(a) For
the purposes of this Code section, the term "voting equipment" shall
mean a voting machine, tabulating machine, optical scanning voting system,
direct recording electronic voting system, or electronic ballot marker.
(b) Any
person or entity, including, but not limited to, a manufacturer or seller of
voting equipment, who alters, modifies, or changes any aspect of such voting
equipment without prior approval of the Secretary of State is guilty of a
felony.
History
Code
1981, § 21-2-582.1, enacted by Ga. L. 2001, p. 230, § 17; Ga. L. 2003, p. 517,
§ 64; Ga. L. 2019, p. 7, § 48/HB 316.
Annotations
Notes
THE 2019 AMENDMENT,
effective April 2, 2019, in subsection (a), deleted "or" following
"voting system," and added ", or electronic ballot marker"
at the end; and substituted "including, but not limited to," for
"including but not limited to" in subsection (b).
Research References & Practice Aids
LAW REVIEWS. --
For article on the 2019 amendment of this Code section, see
36 Ga. St. U.L. Rev. 81 (2019).
For note on the
2001 enactment of this Code section, see 18 Ga. St. U. L. Rev. 114 (2001).
C.J.S. --
29 C.J.S., Elections, §§ 394, 405.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-582
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 15. MISCELLANEOUS OFFENSES
§ 21-2-582. Tampering with, damaging, or preventing of
proper operation of direct recording electronic equipment or electronic ballot
marker or tabulating machine or device
Any
person who tampers with or damages any direct recording electronic (DRE)
equipment or electronic ballot marker or tabulating machine or device to be
used or being used at or in connection with any primary or election or who
prevents or attempts to prevent the correct operation of any direct recording
electronic (DRE) equipment or electronic ballot marker or tabulating machine or
device shall be guilty of a felony.
History
Code 1933, § 34-1917, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1998, p. 295, § 1; Ga. L. 2003, p. 517, § 63; Ga. L. 2019, p. 7, § 47/HB 316.
Annotations
Notes
THE 2019 AMENDMENT, effective April 2, 2019, twice inserted "or electronic ballot marker", and twice substituted "tabulating machine" for "tabulating computer" in this Code section.
Research References & Practice Aids
LAW REVIEWS. --
For article, "Local Government Law," see 53 Mercer L. Rev. 389 (2001). For article on the 2019 amendment of this Code section, see 36 Ga. St. U.L. Rev. 81 (2019).
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-584
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 15. MISCELLANEOUS OFFENSES
§ 21-2-584. Refusal or failure of manager to administer oath
to poll officer; poll officer acting without being sworn; giving of false
certification as to swearing of poll officer
If
any manager refuses or willfully fails to administer the oath to the poll
officer in the manner required by this chapter, or if any poll officer shall
knowingly act without being first duly sworn, or if any such person shall sign
the written form of oath without being duly sworn, or if any manager or any
other person authorized to administer oaths shall certify that any such person
was sworn when he or she was not, he or she shall be guilty of a misdemeanor.
History
Code 1933, § 34-1907, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1998, p. 295, § 1.
Annotations
Research References & Practice Aids
OPINIONS OF THE ATTORNEY GENERAL
FINGERPRINTING NOT REQUIRED. --An offense under O.C.G.A. § 21-2-584 would not be designated as one which requires fingerprinting. 1998 Op. Att'y Gen. No. 98-20.
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, § 449.
C.J.S. --
29 C.J.S., Elections, § 573.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-586
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 15. MISCELLANEOUS OFFENSES
§ 21-2-586. Refusal by Secretary of State or his or her
employee to permit public inspection of documents; removal, destruction, or
alteration of documents
(a) If
the Secretary of State or any employee of his or her office willfully refuses
to permit the public inspection or copying, in accordance with this chapter, of
any return, petition, certificate, paper, account, contract, report, or any
other document or record in his or her custody, except when in use, or
willfully removes any such document or record from his or her office during
such period or permits the same to be removed, except pursuant to the direction
of competent authority, the Secretary of State or employee of his or her office
shall be guilty of a misdemeanor.
(b) If
the Secretary of State or any employee of his or her office willfully destroys,
alters, or permits to be destroyed or altered any document described in
subsection (a) of this Code section during the period for which the same is
required to be kept in his or her office, the Secretary of State or employee of
his or her office shall be guilty of a felony.
History
Code
1933, § 34-1903, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1998, p.
295, § 1.
Annotations
Research References & Practice Aids
CROSS REFERENCES. --
Requirement that Secretary of State open election records to
inspection by public, § 21-2-51. Opening of public records for inspection by
public generally, § 50-18-70 et seq.
OPINIONS OF THE ATTORNEY
GENERAL
FINGERPRINTING NOT
REQUIRED. --An offense under O.C.G.A. § 21-2-586 would not be designated as one
which requires fingerprinting. 1998 Op. Att'y Gen. No. 98-20.
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, § 456.
C.J.S. --
29 C.J.S., Elections, § 573.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-587
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 15. MISCELLANEOUS OFFENSES
§ 21-2-587. Frauds by poll officers
Any
poll officer who willfully:
(1) Makes
a false return of the votes cast at any primary or election;
(2) Deposits
fraudulent ballots in the ballot box or certifies as correct a false return of
ballots;
(3) Registers
fraudulent votes upon any voting machine or certifies as correct a return of
fraudulent votes cast upon any voting machine;
(4) Makes
any false entries in the electors list;
(5) Destroys
or alters any ballot, voter's certificate, or electors list;
(6) Tampers
with any voting machine, direct recording electronic (DRE) equipment,
electronic ballot marker, or tabulating machine or device;
(7) Prepares
or files any false voter's certificate not prepared by or for an elector
actually voting at such primary or election; or
(8) Fails
to return to the officials prescribed by this chapter, following any primary or
election, any keys of a voting machine; ballot box; general or duplicate return
sheet; tally paper; oaths of poll officers; affidavits of electors and others;
record of assisted voters; numbered list of voters; electors list; voter's
certificate; spoiled and canceled ballots; ballots deposited, written, or
affixed in or upon a voting machine; DRE, electronic ballot marker, or
tabulating machine memory cards; or any certificate or any other paper or
record required to be returned under this chapter
shall
be guilty of a felony and, upon conviction thereof, shall be sentenced to
imprisonment for not less than one nor more than ten years or to pay a fine not
to exceed $100,000.00, or both.
History
Orig.
Code 1863, § 1238; Code 1868, § 1319; Code 1873, § 1292; Code 1882, § 1292;
Civil Code 1895, § 74; Civil Code 1910, § 84; Code 1933, § 34-1501; Code 1933,
§ 34-1921, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1985, p. 206,
§ 1; Ga. L. 1998, p. 295, § 1; Ga. L. 2003, p. 517, § 65; Ga. L. 2007, p. 536, § 11/SB 40; Ga. L. 2010, p. 914, § 33/HB 540; Ga. L. 2019, p. 7, § 49/HB 316.
Annotations
Notes
THE 2019 AMENDMENT,
effective April 2, 2019, in paragraph (6), inserted ", electronic ballot
marker", and substituted "tabulating machine" for
"tabulating computer"; and, in paragraph (8), substituted semicolons
for commas throughout, and inserted ", electronic ballot marker, or
tabulating machine" near the end.
Case Notes
JUDICIAL DECISIONS
SUPERINTENDENT
KNOWINGLY MISSTATING VOTES. --If the number of votes was knowingly and falsely
misstated by a superintendent of an election, the superintendent has failed to
discharge a duty imposed by law, and the superintendent was liable to be
prosecuted under the provisions of the penal Code for a misdemeanor, although
this section also applied. Black v. State, 36 Ga. App. 286, 136 S.E. 334
(1927).
Research References & Practice Aids
CROSS REFERENCES. --
Poll officers, § 21-2-90 et seq.
ADMINISTRATIVE RULES AND
REGULATIONS. --
Spoiled ballot definition, Official Compilation of the Rules
and Regulations of the State of Georgia, Georgia Election Code, Absentee
Voting, § 183-1-14-.07.
LAW REVIEWS. --
For article on the 2019 amendment of this Code section, see
36 Ga. St. U.L. Rev. 81 (2019).
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, § 449.
C.J.S. --
29 C.J.S., Elections, §§ 568 et seq., 577 et seq.
ALR. --
Admissibility of parol evidence of election officials to
impeach election returns, 46 A.L.R.2d 1385.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-589
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 15. MISCELLANEOUS OFFENSES
§ 21-2-589. Willful omissions by poll officers
Any
poll officer who willfully:
(1) Fails
to file the voter's certificate of any elector actually voting at any primary
or election;
(2) Fails
to record voting information as required by this chapter; or
(3) Fails to insert in the numbered list
of voters the name of any person actually voting
shall
be guilty of a misdemeanor.
History
Code
1933, § 34-1922, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1998, p.
295, § 1.
Annotations
Research References & Practice Aids
OPINIONS OF THE ATTORNEY
GENERAL
FINGERPRINTING NOT
REQUIRED. --An offense under O.C.G.A. § 21-2-589 would not be designated as one
which requires fingerprinting. 1998 Op. Att'y Gen. No. 98-20.
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, § 449.
C.J.S. --
29 C.J.S., Elections, § 573.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-588
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 15. MISCELLANEOUS OFFENSES
§ 21-2-588. Premature counting of votes by poll officer
Except
as provided in Code Section 21-2-386, any poll officer who counts any votes
before the close of the polls or before the last person has voted, whichever
occurs later in time, on the day of any primary or election shall be guilty of
a misdemeanor.
History
Code 1933, § 34-1939, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1998, p. 295, § 1; Ga. L. 2010, p. 914, § 34/HB 540.
Annotations
Research References & Practice Aids
OPINIONS OF THE ATTORNEY GENERAL
FINGERPRINTING NOT REQUIRED. --An offense under O.C.G.A. § 21-2-588 would not be designated as one which requires fingerprinting. 1998 Op. Att'y Gen. No. 98-20.
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, § 449.
C.J.S. --
29 C.J.S., Elections, § 573.
ALR. --
Admissibility of parol evidence of election officials to impeach election returns, 46 A.L.R.2d 1385.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-592
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 15. MISCELLANEOUS OFFENSES
§ 21-2-592. Failure of poll officers to keep record of
assisted voters
Any
poll officer who willfully fails to keep a record, as required by Code Section
21-2-409, of the name of each voter who received assistance, the exact
disability of any assisted voter which makes the assistance necessary, and the
name of each person rendering assistance to a voter shall be guilty of a
misdemeanor.
History
Code 1933, § 34-1928, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1998, p. 295, § 1.
Annotations
Research References & Practice Aids
OPINIONS OF THE ATTORNEY GENERAL
FINGERPRINTING NOT REQUIRED. --An offense under O.C.G.A. § 21-2-592 would not be designated as one which requires fingerprinting. 1998 Op. Att'y Gen. No. 98-20.
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, § 456.
C.J.S. --
29 C.J.S., Elections, § 573.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-590
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 15. MISCELLANEOUS OFFENSES
§ 21-2-590. Poll officer permitting unregistered or
unqualified persons to vote; refusing to permit registered and qualified
persons to vote; unlawful rendering of assistance
Any
poll officer who:
(1) Permits any unregistered person to
vote at any primary or election, knowing such person is unregistered;
(2) Permits any person registered as an
elector to vote, knowing that such person is not qualified to vote, whether or
not such person has been challenged;
(3) Refuses to permit any duly
registered and qualified person to vote at any primary or election, with the
knowledge that such person is entitled to vote; or
(4) Renders
assistance to an elector in voting in violation of Code Section 21-2-409, or
knowingly permits another person to render such assistance in violation of Code
Section 21-2-409
shall
be guilty of a felony.
History
Code
1933, § 34-1920, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1998, p.
295, § 1; Ga. L. 2007, p. 536, § 12/SB
40.
Annotations
Case Notes
JUDICIAL DECISIONS
EDITOR'S NOTES. --In
light of the similarity of the statutory provisions, decisions under former
Code 1895, § 67 and former Code 1910, § 77 are included in the annotations for
this Code section.
PURPOSE. --This
section was not intended to make legal the rejection by the election managers
of persons legally entitled to vote. Its purpose was to protect the election
managers from liability when they did not knowingly reject the votes of persons
who proposed to vote, and to safeguard pro tanto the right of persons entitled
to register and vote from being prohibited so to do by the managers when these
officers knew that the prohibition was illegal. Briscoe v. Between Consol. Sch.
Dist., 171 Ga. 820, 156 S.E. 654 (1931) (decided under former Code 1910, § 77).
LIABILITY FOR
INNOCENT DENIAL OF VOTING RIGHT. --A superintendent of elections, having taken
the prescribed statutory oath, is not criminally liable in the absence of fraud
or malice when under a mistaken interpretation of the Constitution the superintendent
denies an elector the right to vote. Seeley v. Koox, 21 F. Cas. 1014 (S.D. Ga.
1874) (decided under former Code 1895, § 67).
Research References & Practice Aids
OPINIONS OF THE ATTORNEY
GENERAL
FINGERPRINTING
REQUIRED. --An offense under O.C.G.A. § 21-2-590 would be designated as one
which requires fingerprinting. 1998 Op. Att'y Gen. No. 98-20.
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, § 449.
C.J.S. --
29 C.J.S., Elections, § 573.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-591
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 15. MISCELLANEOUS OFFENSES
§ 21-2-591. Poll officers permitting unlawful assistance to
voters
Any
poll officer who permits a voter to be accompanied by another into the voting
compartment or voting machine booth when such poll officer knows that the
disability which the voter declared at the time of registration no longer
exists or that the disability which the voter declared at the time of voting
did not exist shall be guilty of a misdemeanor.
History
Code 1933, § 34-1927, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1998, p. 295, § 1.
Annotations
Research References & Practice Aids
OPINIONS OF THE ATTORNEY GENERAL
FINGERPRINTING NOT REQUIRED. --An offense under O.C.G.A. § 21-2-591 would not be designated as one which requires fingerprinting. 1998 Op. Att'y Gen. No. 98-20.
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, § 449.
C.J.S. --
29 C.J.S., Elections, § 573.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-598
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 15. MISCELLANEOUS OFFENSES
§ 21-2-598. Violations of chapter
Except
as otherwise provided by law, any person who violates any provision of this
chapter shall be guilty of a misdemeanor.
History
Code 1981, § 21-2-598, enacted by Ga. L. 1998, p. 295, § 1.
Annotations
Notes
EDITOR'S NOTES. --
Ga. L. 1998, p. 295, § 1, effective January 1, 1999, redesignated former Code Section 21-2-598 as present Code Section 21-2-599.
Research References & Practice Aids
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, § 477.
C.J.S. --
29 C.J.S., Elections, § 608.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-597
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 15. MISCELLANEOUS OFFENSES
§ 21-2-597. Intentional interference with performance of
election duties
Any
person who intentionally interferes with, hinders, or delays or attempts to
interfere with, hinder, or delay any other person in the performance of any act
or duty authorized or imposed by this chapter shall be guilty of a misdemeanor.
History
Code 1933, § 34-1936, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1998, p. 295, § 1.
Annotations
Research References & Practice Aids
OPINIONS OF THE ATTORNEY GENERAL
FINGERPRINTING NOT REQUIRED. --An offense under O.C.G.A. § 21-2-597 would not be designated as one which requires fingerprinting. 1998 Op. Att'y Gen. No. 98-20.
C.J.S. --
29 C.J.S., Elections, §§ 575, 576.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-594
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 15. MISCELLANEOUS OFFENSES
§ 21-2-594. Offenses by printers of ballots
Any
printer employed to print any official ballots for use in a primary or
election, or any person engaged in printing the same, who:
(1) Appropriates to himself or herself
or gives or delivers, or knowingly permits to be taken, any of said ballots by
any unauthorized person; or
(2) Willfully and knowingly prints, or
causes to be printed, any official ballot in any form other than that
prescribed by the appropriate officials or with any other names or printing, or
with the names spelled otherwise than as directed by such officials or the
names or printing thereon arranged in any other way than that authorized and
directed by this chapter
shall
be guilty of a felony.
History
Ga.
L. 1922, p. 97, § 6; Code 1933, §§ 34-1907, 34-9917; Code 1933, § 34-1911,
enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1983, p. 140, § 1; Ga. L.
1998, p. 295, § 1; Ga. L. 2010, p. 914,
§ 35/HB 540.
Annotations
Research References & Practice Aids
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-593
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 15. MISCELLANEOUS OFFENSES
§ 21-2-593. Failure of law enforcement officers to remove
obstacles or to maintain order at polling places; hindrance or delay of poll
officers by law enforcement officers
Any
law enforcement officer who:
(1) Willfully neglects or refuses to
clear an avenue to the door of any polling place which is obstructed in such a
way as to prevent electors from entering, when called upon to do so by any poll
officer or elector of the precinct;
(2) Willfully neglects or refuses to
maintain order and quell any disturbance if such arises at any polling place
upon the day of any primary or election, when called upon to do so by any poll
officer or elector of the precinct; or
(3) Willfully hinders or delays, or
attempts to hinder or delay, any poll officer in the performance of any duty
under this chapter
shall
be guilty of a misdemeanor.
History
Code
1933, § 34-1919, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1982, p.
1512, § 5; Ga. L. 1998, p. 295, § 1.
Annotations
Research References & Practice Aids
CROSS REFERENCES. --
Law enforcement officers generally, T. 35.
OPINIONS OF THE ATTORNEY
GENERAL
FINGERPRINTING NOT
REQUIRED. --An offense under O.C.G.A. § 21-2-593 would not be designated as one
which requires fingerprinting. 1998 Op. Att'y Gen. No. 98-20.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-596
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 15. MISCELLANEOUS OFFENSES
§ 21-2-596. Failure of public or political officer to
perform duty
Any
public officer or any officer of a political party or body on whom a duty is
laid by this chapter who willfully neglects or refuses to perform his or her
duty shall be guilty of a misdemeanor.
History
Code 1933, § 34-1935, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1998, p. 295, § 1.
Annotations
Case Notes
JUDICIAL DECISIONS
REQUIREMENT THAT ADDITIONAL REGISTRATION PLACES BE ADVERTISED. --Former Code 1933, § 34-610 (see now O.C.G.A. § 21-2-218(d)) may be enforced as to future registration by mandamus or injunction against the registrars and in any instance where it is willfully abrogated by the responsible public officers, they are subject to criminal prosecution under former Code 1933, § 34-1935 (see now O.C.G.A. § 21-2-596). Malone v. Tison, 248 Ga. 209, 282 S.E.2d 84 (1981).
Research References & Practice Aids
OPINIONS OF THE ATTORNEY GENERAL
FINGERPRINTING NOT REQUIRED. --An offense under O.C.G.A. § 21-2-596 would not be designated as one which requires fingerprinting. 1998 Op. Att'y Gen. No. 98-20.
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, § 449.
C.J.S. --
29 C.J.S., Elections, § 573.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-595
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 15. MISCELLANEOUS OFFENSES
§ 21-2-595. Disposition of alcoholic beverages on primary or
election days
Reserved.
Repealed by Ga. L. 1984, p. 1268, § 2, effective July 1, 1984.
Annotations
Notes
EDITOR'S NOTES. --
This Code section was based on Code 1933, § 34-1937, as enacted by Ga. L. 1964, Ex. Sess. p. 26, § 1. For current provisions regarding sale of alcoholic beverages on election days, see § 3-3-20.
Research References & Practice Aids
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-600
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 15. MISCELLANEOUS OFFENSES
§ 21-2-600. Punishment for felonies under chapter
Except
as otherwise provided, any person convicted of a felony under this chapter
shall be punished by a fine not to exceed $10,000.00 or imprisonment of not
less than one year nor more than ten years, or both, in the discretion of the
trial court, or may be punished as for a misdemeanor in the discretion of the
trial court.
History
Code 1933, § 34-1940, enacted by Ga. L. 1964 Ex. Sess., p. 26, § 1; Code 1981, § 21-2-599; Code 1981, § 21-2-600, as redesignated by Ga. L. 1998, p. 295, § 1; Ga. L. 1998, p. 1231, §§ 19, 42; Ga. L. 2007, p. 536, § 13/SB 40.
Annotations
Research References & Practice Aids
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-603
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 15. MISCELLANEOUS OFFENSES
§ 21-2-603. Conspiracy to commit election fraud
A
person commits the offense of conspiracy to commit election fraud when he or
she conspires or agrees with another to commit a violation of this chapter. The
crime shall be complete when the conspiracy or agreement is effected and an
overt act in furtherance thereof has been committed, regardless of whether the
violation of this chapter is consummated. A person convicted of the offense of
conspiracy to commit election fraud involving a violation of this chapter which
is a felony shall be punished by imprisonment for not less than one year nor
more than one-half the maximum period of time for which he or she could have
been sentenced if he or she had been convicted of the crime conspired to have
been committed, by one-half the maximum fine to which he or she could have been
subjected if he or she had been convicted of such crime, or both. A person
convicted of the offense of conspiracy to commit election fraud involving a
violation of this chapter which is a misdemeanor shall be punished as for a
misdemeanor.
History
Code 1981, § 21-2-603, enacted by Ga. L. 2005, p. 253, § 65/HB 244.
Annotations
Research References & Practice Aids
AM. JUR. 2D. --
26 Am. Jur. 2d., Elections, § 351.
C.J.S. --
29 C.J.S., Elections, §§ 367, 578.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-599
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 15. MISCELLANEOUS OFFENSES
§ 21-2-599. Punishment for misdemeanors under chapter
Any
person convicted of a misdemeanor under this chapter shall be subject to any
one or more of the following, in the discretion of the trial judge:
(1) A fine of not less than $100.00 nor
more than $1,000.00;
(2) A sentence of confinement in the county
jail or other place of imprisonment for a period not to exceed six months;
or
(3) A sentence of confinement in a
county correctional institution or other appropriate institution under the
jurisdiction of the Department of Corrections not to exceed 12 months.
History
Code
1933, § 34-1941, enacted by Ga. L. 1964, Ex. Sess., p. 26, § 1; Ga. L. 1977, p.
1053, § 11; Code 1981, § 21-2-598; Ga. L. 1985, p. 283, § 1; Code 1981, §
21-2-599, as redesignated by Ga. L. 1998, p. 295, § 1.
Annotations
Notes
EDITOR'S NOTES. --
Ga. L. 1998, p. 295, § 1, effective January 1, 1999,
redesignated former Code Section 21-2-598 as present Code Section 21-2-599.
Research References & Practice Aids
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, § 477.
C.J.S. --
29 C.J.S., Elections, § 608.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-604
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 15. MISCELLANEOUS OFFENSES
§ 21-2-604. Criminal solicitation to commit election fraud;
penalties
(a)
(1) A
person commits the offense of criminal solicitation to commit election fraud in
the first degree when, with intent that another person engage in conduct
constituting a felony under this article, he or she solicits, requests,
commands, importunes, or otherwise attempts to cause the other person to engage
in such conduct.
(2) A
person commits the offense of criminal solicitation to commit election fraud in
the second degree when, with intent that another person engage in conduct
constituting a misdemeanor under this article, he or she solicits, requests,
commands, importunes, or otherwise attempts to cause the other person to engage
in such conduct.
(b)
(1) A
person convicted of the offense of criminal solicitation to commit election
fraud in the first degree shall be punished by imprisonment for not less than
one nor more than three years.
(2) A
person convicted of the offense of criminal solicitation to commit election
fraud in the second degree shall be punished as for a misdemeanor.
(c) It
is no defense to a prosecution for criminal solicitation to commit election
fraud that the person solicited could not be guilty of the crime
solicited.
(d) The
provisions of subsections (a) through (c) of this Code section are cumulative
and shall not supersede any other penal law of this state.
History
Code
1981, § 21-2-604, enacted by Ga. L.
2011, p. 683, § 21/SB 82.
Annotations
Research References & Practice Aids
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-2-602
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 15. MISCELLANEOUS OFFENSES
§ 21-2-602. Compensation for soliciting persons to register
to vote prohibited
It
shall be illegal to receive, accept, offer, or provide compensation for
soliciting persons to register to vote based upon the number of persons
registered and any person who knowingly receives, accepts, offers, or provides
such compensation on such basis shall be guilty of a misdemeanor.
History
Code 1981, § 21-2-600, enacted by Ga. L. 1994, p. 1443, § 14; Code 1981, § 21-2-602, as redesignated by Ga. L. 1998, p. 295, § 1.
Annotations
Notes
EDITOR'S NOTES. --
Ga. L. 1998, p. 295, § 1, effective January 1, 1998, redesignated former Code Section 21-2-601 as present Code Section 21-2-602.
Research References & Practice Aids
OPINIONS OF THE ATTORNEY GENERAL
FINGERPRINTING NOT REQUIRED. --An offense under O.C.G.A. § 21-2-602 would not be designated as one which requires fingerprinting. 1998 Op. Att'y Gen. No. 98-20.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-2-601
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY > ARTICLE 15. MISCELLANEOUS OFFENSES
§ 21-2-601. Use of list of electors for commercial purposes
prohibited
Any
person who intentionally uses the list of electors provided for in Code Section
21-2-225 for commercial purposes shall be guilty of a misdemeanor.
History
Code 1981, § 21-2-600, enacted by Ga. L. 1990, p. 143, § 7; Ga. L. 1994, p. 1443, § 13; Code 1981, § 21-2-601, as redesignated by Ga. L. 1998, p. 295, § 1.
Annotations
Notes
EDITOR'S NOTES. --
Ga. L. 1998, p. 295, § 1, effective January 1, 1999, redesignated former Code Section 21-2-600 as present Code Section 21-2-601.
Research References & Practice Aids
OPINIONS OF THE ATTORNEY GENERAL
FINGERPRINTING NOT REQUIRED. --An offense under O.C.G.A. § 21-2-601 would not be designated as one which requires fingerprinting. 1998 Op. Att'y Gen. No. 98-20.
Hierarchy Notes:
Title Note
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Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. TITLE 21 Chapter 3
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 3. MUNICIPAL ELECTIONS AND PRIMARIES
TITLE 21 Chapter 3 NOTE
Annotations
Research References & Practice Aids
Hierarchy Notes:
Title Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-3-1
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 3. MUNICIPAL ELECTIONS AND PRIMARIES
§§ 21-3-1 through 21-3-480.
Reserved.
Repealed by Ga. L. 1998, p. 295, § 2, effective January 1, 1999.
Annotations
Notes
EDITOR'S NOTES. --
Former Code Section 21-3-16 (Ga. L. 1974, p. 522, § 2 and Ga. L. 1976, p. 205, § 4), relating to false statements in connection with filing notice of candidacy, was repealed by Ga. L. 1984, p. 661, § 1.
Former Code Section 21-3-17 (Ga. L. 1968, p. 885, § 1), relating to penalty for violation of chapter, was repealed by Ga. L. 1984, p. 661, § 2.
Former Code Section 21-3-133.1 (Ga. L. 1984, p. 1490, § 6), relating to exchange of municipality and county elector lists, was repealed by Ga. L. 1985, p. 496, § 17.
Former Code Section 21-3-264 (Code 1981, enacted by Ga. L. 1988, p. 964, § 5), relating to use of optical scan voting systems, was repealed by Ga. L. 1998, p. 1231, § 21.
Former Code Section 21-3-325 (Code 1933 § 34A-1213.1, enacted by Ga. L. 1969, p. 355, § 21, Ga. L. 1974, p. 82, § 21), relating to methods of casting ballots in elections utilizing paper ballots or vote recorders, was repealed by Ga. L. 1994, p. 279, § 15.
Former Code Section 21-3-476 (Ga. L. 1984, p. 661, § 3), relating to selling or buying alcoholic beverages on primary or election days, was repealed by Ga. L. 1985, p. 1508, § 2.
Former Code Section 21-3-480 (Code 1981, enacted by Ga. L. 1990, p. 143, § 14), relating to use of list of electors for commercial purposes prohibited, was repealed by Ga. L. 1994, p. 1443, § 14.
This chapter consisted of Code Sections 21-3-1 through 21-3-7, 21-3-7.1, 21-3-8 through 21-3-17 (Article 1), 21-3-30 through 21-3-39 (Article 2), 21-3-50 through 21-3-53 (Article 3, Part 1), 21-3-60 through 21-3-64 (Article 3, Part 2), 21-3-70 through 21-3-72 (Article 4), 21-3-90 through 21-3-105 (Article 5), 21-3-120 through 21-3-130, 21-3-130.1, 21-3-131 through 21-3-133, 21-3-133.1, 21-3-134 through 21-3-143 (Article 6), 21-3-160, 21-3-161, 21-3-161.1, 21-3-162 through 21-3-166 (Article 7), 21-3-180 through 21-3-194 (Article 8), 21-3-210 (Article 9, Part 1), 21-3-220 through 21-3-234 (Article 9, Part 2), 21-3-250 through 21-3-264 (Article 9, Part 3), 21-3-265 through 21-3-279 (Article 9, Part 4), 21-3-279.1 through 21-3-279.4 (Article 9, Part 5), 21-3-280 through 21-3-291 (Article 10), 21-3-310 through 21-3-318, 21-3-318.1, 21-3-319 through 21-3-328 (Article 11, Part 1), 21-3-340 through 21-3-348 (Article 11, Part 2), 21-3-360 through 21-3-367 (Article 11, Part 3), 21-3-380 through 21-3-383 (Article 11, Part 4), 21-3-385, 21-3-385.1 through 21-3-385.6 (Article 11, Part 5), 21-3-400 through 21-3-408, 21-3-408.1, 21-3-409, 21-3-410 (Article 12), 21-3-420 through 21-3-422, 21-3-422.1, 21-3-423 through 21-3-430 (Article 13), 21-3-440 through 21-3-480 (Article 14), relating to municipal elections and primaries, and was based on
Research References & Practice Aids
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. TITLE 21 Chapter 4
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 4. RECALL OF PUBLIC OFFICERS
TITLE 21 Chapter 4 NOTE
Annotations
Notes
EDITOR'S NOTES. --
Former Chapter 4 of Title 21, known as the "Public Officer's Recall Act" was declared unconstitutional in the case of Mitchell v. Wilkerson, 258 Ga. 608, 372 S.E.2d 432 (1988). That chapter consisted of Code Sections 21-4-1 through 21-4-19 and was derived from Ga. L. 1979, p. 1612; Ga. L. 1980, p. 1436; Ga. L. 1982, p. 1512; Ga. L. 1982, p. 1653; Ga. L. 1983, p. 140; Ga. L. 1983, p. 884; Ga. L. 1984, p. 133; Ga. L. 1987, p. 34; and Ga. L. 1987, p. 896.
Ga. L. 1989, p. 1721, § 2, not codified by the General Assembly, provides: "This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to every public official who holds elective office on or after the effective date of this Act. The provisions of this Act shall apply with respect to an incumbent public official where the act or omission constituting grounds for recall, as specified in subparagraph (B) of paragraph (7) of Code Section 21-4-3, occurred in a previous term of office but was withheld from public knowledge or public disclosure until subsequent to the general election at which the incumbent was last elected, provided that an application for a recall petition is filed within 12 months after such general election." This Act became effective April 19, 1989.
EDITOR'S NOTES. --
In light of the similarity of the statutory provisions, cases decided prior to the 1989 revision of this chapter are included in the annotations for this chapter.
EDITOR'S NOTES. --
In light of the similarity of the statutory provisions, opinions decided prior to the 1989 revision of this chapter are included in the annotations for this chapter.
Case Notes
JUDICIAL DECISIONS
CONSTITUTIONALITY. --The absence of a specification of grounds for a recall in O.C.G.A. T. 21, Ch. 4 caused the statute to fall short of that which was required of the General Assembly by Ga. Const. 1983, Art. II, Sec. II, Para. IV and resulted in a fatal constitutional infirmity. Mitchell v. Wilkerson, 258 Ga. 608, 372 S.E.2d 432 (1988).
HARMLESS IRREGULARITIES OR TECHNICAL VIOLATIONS. --The following alleged irregularities or technical violations did not endanger the interest intended to be protected by O.C.G.A. T. 21, Ch. 4: (1) in some instances the circulators signed as electors petitions which they were circulating; (2) two circulators signed the affidavit on petitions when neither of the circulators saw all of the electors sign; and (3) a notary public notarized the circulator's affidavit on a petition which the notary public has signed as an elector. Parker v. McCants, 258 Ga. 364, 369 S.E.2d 481 (1988).
SOLICITATION OF SIGNATURES IN PRIVATE SHOPPING MALLS. --Nothing in the Georgia Constitution or the Recall Act of 1989, O.C.G.A. § 21-4-1 et seq., either separately or together, establishes a right of private citizens to enter onto privately owned shopping malls to solicit signatures for a recall petition. Citizens for Ethical Gov't, Inc. v. Gwinnett Place Assoc., 260 Ga. 245, 392 S.E.2d 8 (1990).
OPINIONS OF THE ATTORNEY GENERAL
SPECIFIC REASON FOR RECALL EFFORT. --The Public Officers Recall Act, O.C.G.A. § 21-4-1 et seq., contains no requirement that the recall effort be based upon any specific reason with respect to the public officer who is the subject of the effort. 1981 Op. Att'y Gen. No. U81-11.
INITIATION OF SECOND RECALL EFFORT. --Former Code 1933, §§ 89-1905 and 89-1914 (see now O.C.G.A. §§ 21-4-5 and 21-4-14) represent the only constraints upon initiation of a second recall effort notwithstanding previous but unsuccessful recall efforts made against the same public officer. 1981 Op. Att'y Gen. No. U81-11.
APPEAL OF CONVICTION NOT BAR TO RECALL ELECTION. --The recall election procedures of the former Public Officers Recall Act, O.C.G.A. § 21-4-1 et seq., could be invoked by electors with respect to a public official notwithstanding the pendency of that official's appeal of a felony conviction. 1983 Op. Att'y Gen. No. 83-16.
SUPERSESSION OF LOCAL PROVISIONS. --The special election provisions of the former Public Officers Recall Act, O.C.G.A. § 21-4-1 et seq., superseded any provisions of any local Act providing for the filling of vacancies on a county board of commissioners. 1983 Op. Att'y Gen. No. 83-16.
Research References & Practice Aids
CROSS REFERENCES. --
Recall of public officials holding elective office, Ga. Const. 1983, Art. II, Sec. II, Para. IV. Special elections and primaries generally, § 21-2-540 et seq.
LAW REVIEWS. --
For note on 1989 enactment of this chapter, see 6 Ga. St. U. L. Rev. 236 (1989).
ALR. --
Construction and application of constitutional or statutory requirement as to short title, ballot title, or explanation of nature of proposal in initiative referendum, or recall petition, 106 A.L.R. 555.
Hierarchy Notes:
Title Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-4-2
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 4. RECALL OF PUBLIC OFFICERS
§ 21-4-2. Legislative intent
The
General Assembly finds that the electorate of the state overwhelmingly ratified
an amendment to the Constitution of Georgia at the general election in
November, 1978, authorizing the General Assembly to provide by general law for
uniform and exclusive procedures to recall public officials who hold elective
office and to repeal all local recall laws and prohibit the future enactment of
any local recall laws. In furtherance of the mandate of the electorate, by this
general law the General Assembly establishes uniform and exclusive procedures
relating to the recall of all state and local officials who hold elective
office.
History
Code 1981, § 21-4-2, enacted by Ga. L. 1989, p. 1721, § 1.
Annotations
Research References & Practice Aids
CROSS REFERENCES. --
Recall of public officials holding elective office, Ga. Const. 1983, Art. II, Sec. II, Para. IV.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-4-1
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 4. RECALL OF PUBLIC OFFICERS
§ 21-4-1. Short title
This
chapter shall be known and may be cited as the "Recall Act of 1989."
History
Code 1981, § 21-4-1, enacted by Ga. L. 1989, p. 1721, § 1.
Annotations
Case Notes
JUDICIAL DECISIONS
CONSTRUCTION WITH OTHER LAW. --A city commissioner's removal from office, based on acts committed prior to taking office, was erroneous because: (1) removal was not authorized by the city's charter; (2) the commissioner's conduct of maintaining innocence until the entry of a guilty plea after taking office was not an official act or one done under the color of the office; and (3) the acts committed did not prevent the commissioner from performing the duties of that post. Moreover, while the acts committed did not subject the commissioner to removal pursuant to the terms of the city charter, the acts would have been more appropriately the subject of a recall petition pursuant to O.C.G.A. § 21-4-1 et seq. Ciccio v. City of Hephzibah, 289 Ga. App. 134, 656 S.E.2d 245 (2008), cert. denied, No. S08C0862, 2008 Ga. LEXIS 474 (Ga. 2008).
CITED in Hunter v. George, 265 Ga. 573, 458 S.E.2d 830 (1995).
Research References & Practice Aids
CROSS REFERENCES. --
Vacation of office, T. 45, C. 5.
ALR. --
Validity, under state constitutions, of private shopping center's prohibition or regulation of political, social, or religious expression or activity, 52 A.L.R.5th 195.
Sufficiency of particular charges as affecting enforceability of recall petition, 114 A.L.R.5th 1.
Sufficiency of technical and procedural aspects of recall petitions, 116 A.L.R.5th 1.
Constitutionality of state and local recall provisions, 13 A.L.R.6th 661.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-4-3
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 4. RECALL OF PUBLIC OFFICERS
§ 21-4-3. Definitions
As
used in this chapter, the term:
(1) "Elected county school board
members" and "elected county school superintendents" shall be
considered county officers.
(2) "Elected education board
members" and "elected school superintendents" of any independent
school system shall be considered municipal officers.
(3) "Election superintendent"
means:
(A) In the case of any elected state
officers, the Secretary of State;
(B) In the case of any elected county
officers, the county board of elections, if a county has such, or the judge of
the probate court, provided that, if such judge of the probate court is the
officer sought to be recalled, then the election superintendent shall be the
clerk of the superior court; and
(C) In the case of any elected municipal
officers, the municipal clerk or municipal board of elections or municipal
election superintendent, if the municipality has such a board or election
officer.
(3.1)"Elective office" means an
office filled by the exercise of the franchise of vote by electors in a general
or special election as defined under the laws of this state.
(4) "Elector"
means any person who possesses all of the qualifications for voting now or
hereafter prescribed by the laws of this state and who has registered in
accordance with Chapter 2 of this title.
(5) "Electoral
district" means the area in which the electors reside who are qualified to
vote for any of the candidates offering for a particular office.
(6) "Failure
to perform duties prescribed by law" means the willful neglect or failure
by an official to perform a duty imposed by statute.
(7) "Grounds
for recall" means:
(A) That the official has, while holding
public office, conducted himself or herself in a manner which relates to and
adversely affects the administration of his or her office and adversely affects
the rights and interests of the public; and
(i) Has committed an act or acts of
malfeasance while in office;
(ii) Has violated his or her oath of
office;
(iii) Has committed an act of misconduct
in office;
(iv) Is guilty of a failure to perform
duties prescribed by law; or
(v) Has willfully misused, converted, or
misappropriated, without authority, public property or public funds entrusted
to or associated with the elective office to which the official has been
elected or appointed.
Discretionary performance of a lawful act or
a prescribed duty shall not constitute a ground for recall of an elected public
official.
(7.1)"Legal sufficiency" means,
solely as applied to the duties or functions of the election superintendent, a
determination of the completeness of an application for a recall petition or a
recall petition and a determination that an application for a recall petition
or a recall petition contains a sufficient number of valid signatures. Such
determinations shall not include any review of the sufficiency of the ground or
grounds for the recall and the fact or facts upon which such ground or grounds
are based.
(8) "Misconduct
in office" means an unlawful act committed willfully by an elected public
official or a willful violation of the code of ethics for government service
contained in Code Section 45-10-1.
(9) "Official
sponsors" or "sponsors" means the electors who circulate or file
an application for a recall petition who were registered and eligible to vote
in the last general or special election for the office held by the officer
sought to be recalled and who reside in the electoral district of the officer sought
to be recalled.
History
Code
1981, § 21-4-3, enacted by Ga. L. 1989, p. 1721, § 1; Ga. L. 1990, p. 1939, §
1; Ga. L. 1991, p. 133, § 1; Ga. L. 1999, p. 21, § 1; Ga. L. 2014, p. 866, § 21/SB 340.
Annotations
Notes
EDITOR'S NOTES. --
Ga. L. 1990, p. 1939, § 8, not codified by the General
Assembly, provides that the Act shall only apply to recall proceedings under
Chapter 4 of Title 21 which are instituted on or after July 1, 1990.
Case Notes
JUDICIAL DECISIONS
EDITOR'S NOTES. --In
light of the similarity of the statutory provisions, cases decided prior to the
1989 revision of this chapter are included in the annotations for this Code
section.
CONSTITUTIONALITY.
--The provision of O.C.G.A. § 21-4-3(7)(B)(i) that an official "has
committed an act or acts of malfeasance while in office" is not
unconstitutionally vague; the legislature enacted the section with knowledge of
the definition of "malfeasance in office" as contained in case law.
Davis v. Shavers, 263 Ga. 785, 439 S.E.2d 650 (1994).
CONDUCT OF A PUBLIC
OFFICIAL WHO PARTICIPATES IN A CLOSED MEETING that is required by law to be
open can become a "ground for recall" under the Recall Act, O.C.G.A.
§ 21-4-1 et seq., if the circumstances of that participation come within the
definition of "grounds for recall." Steele v. Honea, 261 Ga. 644, 409
S.E.2d 652 (1991).
GROUNDS ALLEGED IN
RECALL PETITION. --If one or more of the statutory grounds for recall set forth
in O.C.G.A. § 21-4-3(7)(B) are alleged in the recall application, then the
ground or grounds for recall are legally sufficient. Brooks v. Branch, 262 Ga.
658, 424 S.E.2d 277 (1993).
Since the factual
allegations were either a mere conclusion, lacking reasonable particularity, or
failed to allege conduct which would constitute one of the statutory grounds
for recall, they were legally insufficient to support grounds for recall.
Brooks v. Branch, 262 Ga. 658, 424 S.E.2d 277 (1993).
SUFFICIENCY OF
RECALL APPLICATIONS. --Applications seeking the recall of city officials were
insufficient within the meaning of O.C.G.A. § 21-4-3(7)(B) in that there was
nothing in the applications from which the public could determine that the
allegations, even if taken as true, amounted to acts of misconduct or
malfeasance. Davis v. Shavers, 263 Ga. 785, 439 S.E.2d 650 (1994).
CITED in Cone v.
Johnson, 251 Ga. 371, 306 S.E.2d 244 (1983).
Research References & Practice Aids
ALR. --
Sufficiency of particular charges as affecting
enforceability of recall petition, 114 A.L.R.5th 1.
Sufficiency of
technical and procedural aspects of recall petitions, 116 A.L.R.5th 1.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-4-6
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 4. RECALL OF PUBLIC OFFICERS
§ 21-4-6. Review of grounds for recall petition
(a) Within
four days after the date of submission of the application for a recall petition
for verification, excluding Saturdays, Sundays, and legal holidays, the officer
sought to be recalled may file a petition in the superior court of the county
in which such officer is domiciled applying for a review of the sufficiency of
the ground or grounds for the recall and the fact or facts upon which such
ground or grounds are based as set forth in such recall application.
(b) The
superior court having jurisdiction of a case governed by this chapter shall be
presided over by a superior court judge or senior judge. The superior court
judge or senior judge who presides over the case shall be selected as set out
in subsection (c) of this Code section.
(c) Upon
the filing of a sufficiency review petition under this Code section, the clerk
of superior court having jurisdiction shall immediately notify the
administrative judge for the judicial administrative district in which that
county lies, or the district court administrator, who shall immediately notify
the administrative judge of the institution of proceedings under this chapter.
If the county in which the proceedings were instituted is not in the circuit of
the administrative judge, the administrative judge shall select a superior
court judge from within the district, but not from the circuit in which the
proceeding was instituted, or a senior judge who is not a resident of the
circuit in which the proceeding was instituted, to preside over the contest.
(d) If
the administrative judge is a member of the circuit in which the proceeding was
filed, or if the other judges of the district are unable or are unwilling to
preside over the proceeding, or if the other judges of the district are judges
of the circuit in which the proceeding was filed, then the administrative judge
shall select an administrative judge of an adjoining district to select a
superior court judge from that district, or a superior court judge from the
district in which the proceeding was filed, but not the circuit in which the
proceeding was filed, or a senior judge who is not a resident of the circuit
wherein the proceeding was filed.
(e) After
a judge has agreed to preside over the case, the administrative judge who
selected the judge to hear the matter shall enter an order in the superior
court of the county where the proceeding was filed appointing such judge, and
such judge shall promptly begin presiding over such proceedings in such court
and shall determine same as soon as practicable. Such judge shall be reimbursed
for his actual expenses for food and lodging and shall receive the same mileage
as any other state officials and employees. Senior judges shall be entitled to
compensation and reimbursement as the law provides for senior judge
service.
(f) Such
review shall be limited solely to a review of the legal sufficiency of the
recall ground or grounds and the legal sufficiency of the alleged fact or facts
upon which such ground or grounds are based as set forth in such recall application.
The review of such alleged fact or facts shall include a determination of
whether probable cause exists to believe that such alleged fact or facts are
true. The burden shall be on the petition chairperson to prove that such
probable cause exists. The judge shall consider such review petitions on an
expedited basis. Discovery shall be permitted but shall not delay the
consideration of the review petition by the judge. The judge may enter such
orders as the judge deems necessary and appropriate to expedite any discovery
and the consideration of the review petition.
(g) During
the pendency of the review by the superior court, all other recall proceedings
shall be suspended. If a ruling of sufficiency is rendered by such judge, then
recall proceedings shall continue in the manner provided for in this chapter.
The time for circulating a recall petition after the review of the sufficiency
petition shall begin from the date of the order of the superior court or the
issuance of recall petition forms, whichever is later, notwithstanding the fact
that recall petition forms were issued before the filing of the petition for
review of the sufficiency of the recall application. Valid signatures obtained
on a recall petition prior to the filing of a petition for review of the
sufficiency of a recall application shall be counted. The officer sought to be
recalled may file a discretionary appeal in the Supreme Court of Georgia within
ten days after the date of an order finding a recall application sufficient,
excluding Saturdays, Sundays, and legal holidays, and such court shall consider
such appeal on an expedited basis. The filing of such appeal shall not operate
to stay the recall proceedings. If a ruling of insufficiency is rendered by
such judge, then a discretionary appeal may be filed in the Supreme Court of
Georgia within ten days after the date of such ruling, excluding Saturdays,
Sundays, and legal holidays, and such court shall consider such appeal on an
expedited basis.
History
Code
1981, § 21-4-6, enacted by Ga. L. 1989, p. 1721, § 1; Ga. L. 1990, p. 1939, §§
5, 6; Ga. L. 1991, p. 608, § 3; Ga. L. 1998, p. 1107, § 1.
Annotations
Notes
EDITOR'S NOTES. --
Ga. L. 1990, p. 1939, § 8, not codified by the General
Assembly, provides that the Act shall only apply to recall proceedings under
Chapter 4 of Title 21 which are instituted on or after July 1, 1990.
Case Notes
JUDICIAL DECISIONS
EDITOR'S NOTES. --In
light of the similarity of the statutory provisions, cases decided prior to the
1989 revision of this chapter are included in the annotations for this Code
section.
CONSTITUTIONALITY OF
PROCEDURE FOR REVIEW OF RECALL PETITION. --The recall "condition"
provided in O.C.G.A. § 21-4-6(f) is not unconstitutional as denying an elected
official an opportunity for a judicial hearing to determine the truth or
falsity of the alleged facts upon which the recall application is based.
Collins v. Morris, 263 Ga. 734, 438 S.E.2d 896 (1993).
RULES OF EVIDENCE
ARE APPLICABLE in a hearing to determine the sufficiency of a recall
application. DeLong v. Welch, 272 Ga. 730, 533 S.E.2d 724 (2000).
DETERMINING
SUFFICIENCY OF FACTUAL ALLEGATIONS. --To determine if the "fact or facts
upon which such ground or grounds are based" are legally sufficient, a
court should consider the following: 1) assuming the fact or facts to be true,
do they allege misconduct which constitutes a legally sufficient ground for
recall according to the statutory definition of that term; 2) if so, are the
fact or facts stated with "reasonable particularity." Brooks v.
Branch, 262 Ga. 658, 424 S.E.2d 277 (1993).
Since the factual
allegations were either a mere conclusion, lacking reasonable particularity, or
failed to allege conduct which would constitute one of the statutory grounds
for recall, they were legally insufficient to support grounds for recall.
Brooks v. Branch, 262 Ga. 658, 424 S.E.2d 277 (1993).
DETERMINING
SUFFICIENCY. --Because neither discovery nor an evidentiary hearing is
permitted at the review stage of the recall proceedings, it is imperative that
the application state with clarity and specificity the facts supporting the
grounds for recall such that both the public and the official sought to be
recalled are properly notified of the violation alleged to have been committed.
The standard for determining the "legal sufficiency" of a factual
allegation is whether it states "with reasonable particularity a ground
for recall." Davis v. Shavers, 263 Ga. 785, 439 S.E.2d 650 (1994).
APPLICATION OF
"REASONABLE GROUNDS", DEFINITION OF PROBABLE CAUSE. --Trial court did
not err in applying the "reasonable grounds" definition of probable
cause in determining whether there was probable cause to believe that the
factual allegations in a recall application were true. DeLong v. Welch, 272 Ga.
730, 533 S.E.2d 724 (2000).
MERE CONCLUSIONS
LEGALLY INSUFFICIENT. --Where a petition under the Recall Act of 1989, O.C.G.A.
§ 21-4-1 et seq., was filed against a county school board member, the
allegations of the petition were nothing more than mere conclusions and failed
to set out the alleged fact or facts upon which such ground or grounds are
based. Hamlett v. Hubbard, 262 Ga. 279, 416 S.E.2d 732 (1992).
CONDUCT OF A PUBLIC
OFFICIAL WHO PARTICIPATES IN A CLOSED MEETING that is required by law to be
open can become a "ground for recall" under the Recall Act, O.C.G.A.
§ 21-4-1 et seq., if the circumstances of that participation come within the
definition of "grounds for recall." Steele v. Honea, 261 Ga. 644, 409
S.E.2d 652 (1991).
PRIVILEGE.
--Allegations made in recall petitions are not absolutely privileged, but are
only conditionally privileged as "comments upon the acts of public men in
their public capacity and with reference thereto." Davis v. Shavers, 225
Ga. App. 497, 484 S.E.2d 243 (1997), aff'd, 269 Ga. 75, 495 S.E.2d 23
(1998).
APPLICATIONS WERE
NOT LEGALLY INSUFFICIENT. --Recall applications based on a violation of the
Open Meetings Act, O.C.G.A. T. 50, Ch. 14 were not legally insufficient because
they did not specify dates and places, did not positively allege that a quorum
was present at the closed meeting, and that the violation was willful and
knowing. Phillips v. Hawthorne, 269 Ga. 9, 494 S.E.2d 656 (1998).
Research References & Practice Aids
ALR. --
Sufficiency of particular charges as affecting
enforceability of recall petition, 114 A.L.R.5th 1.
Sufficiency of
technical and procedural aspects of recall petitions, 116 A.L.R.5th 1.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-4-4
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 4. RECALL OF PUBLIC OFFICERS
§ 21-4-4. Officers subject to recall; number of electors
needed to demand recall; limitation on number of public officials who may be
subjects of a particular recall petition; grounds for recall
(a) Every
public official who holds elective office, either by election or by
appointment, is subject to recall from office by electors who are registered
and qualified to vote in the recall election and who reside in the electoral
district from which candidates are elected to that office:
(1) In
the case of a state officer whose electoral district encompasses the entire
state, the number of electors necessary to petition the recall of the officer
shall be equal to at least 15 percent of the number of electors who were
registered and qualified to vote at the last preceding election for any
candidate offering for the office held by the officer. At least one-fifteenth
of the number of electors necessary to petition the recall of the officer must
reside in each of the United States congressional districts in the state as
said congressional districts may now or hereafter exist; or
(2) In
the case of a state officer whose electoral district encompasses only a part of
the state or in the case of a local officer, the number of electors necessary
to petition the recall of the officer shall be equal to at least 30 percent of
the number of electors registered and qualified to vote at the last preceding
election for any candidate offering for the office held by the officer.
(b) No
recall petition shall demand the recall of more than one public official.
(c) Every
public official who holds elective office, either by election or by
appointment, is subject to recall on the grounds that such public official has,
while holding any public office, conducted himself or herself in a manner which
relates to and adversely affects the administration of his or her current
office and adversely affects the rights and interests of the public if one or
more additional grounds for recall exist as set forth in subparagraph (B) of
paragraph (7) of Code Section 21-4-3.
History
Code
1981, § 21-4-4, enacted by Ga. L. 1989, p. 1721, § 1; Ga. L. 2001, p. 230, §
18.
Annotations
Notes
EDITOR'S NOTES. --
In light of the similarity of the statutory provisions,
opinions decided prior to the 1989 revision of this chapter and under Ga. L.
1979, p. 1612 are included in the annotations for this Code section.
Case Notes
JUDICIAL DECISIONS
EDITOR'S NOTES. --In
light of the similarity of the statutory provisions, cases decided prior to the
1989 revision of this chapter are included in the annotations for this Code
section.
CITED in Cone v.
Johnson, 251 Ga. 371, 306 S.E.2d 244 (1983).
Research References & Practice Aids
LAW REVIEWS. --
For article, "Local Government Law," see 53 Mercer
L. Rev. 389 (2001).
For note on the
2001 amendment to this Code section, see 18 Ga. St. U. L. Rev. 114 (2001).
OPINIONS OF THE ATTORNEY GENERAL
REQUIRED NUMBER OF
SIGNATURES WHERE FORM OF GOVERNMENT ALTERED. --In the case of county
commissioners who were previously elected at-large but now represent districts
under a new plan of government, the number of signatures required for a recall
petition should be calculated based upon the number of voters registered and
qualified to vote in the last preceding general election for the area
encompassed by the district which the commissioner now represents. 1986 Op.
Att'y Gen. No. 86-12 (decided under former § 21-4-4 prior to the 1989
revision).
SIGNATURES NEEDED ON
RECALL PETITION. --A recall petition for a member of the Georgia House of
Representatives who is elected from a multi-member district and who is elected
at-large by vote of the electors of the entire district shall contain
signatures equal to at least 30 percent of the electors of the entire district
who were registered and qualified to vote at the last preceding general
election for the house district. 1985 Op. Att'y Gen. No. 85-21 (decided under
former § 21-4-4 prior to the 1989 revision).
APPEAL OF CONVICTION
NOT BAR TO RECALL ELECTION. --The recall election procedures of the former
Public Officers Recall Act, O.C.G.A. § 21-4-1 et seq., may be invoked by
electors with respect to a public official notwithstanding the pendency of that
official's appeal of a felony conviction. 1983 Op. Att'y Gen. No. 83-16
(decided under former § 21-4-4 prior to the 1989 revision).
SECTION LOOKS TO
VOTERS OF DISTRICT WHICH OFFICIAL PRESENTLY REPRESENTS. --The use of the
present tense in referring to the electorate implies an intent by the
legislature to look to the voters of the specific district which the official
now represents. 1979 Op. Att'y Gen. No. U79-20 (decided under Ga. L. 1979, p.
1612).
WHO MAY SIGN
PETITION FOR RECALL OF COUNTY COMMISSIONER. --All electors in a county may sign
a recall petition on a county commissioner who is voted on by the electors of
the county at large, even though the commissioner is required by law to reside
in a certain district of the county. The residence of the office holder is not
relevant to the question of who may sign petitions seeking the officer's
recall. 1980 Op. Att'y Gen. No. 80-39 (decided under Ga. L. 1979, p. 1612).
PERSONS ELIGIBLE TO
SIGN RECALL PETITION AND VOTE IN ELECTION. --Persons who register to vote after
a recall petition is issued are eligible to vote in the recall election and may
sign the petition. 1985 Op. Att'y Gen. No. U85-38 (decided under former §
21-4-4 prior to the 1989 revision).
AM. JUR. 2D. --
63C Am. Jur. 2d, Public Officers and Employees, § 199 et
seq.
C.J.S. --
67 C.J.S., Officers and Public Employees, §§ 271, 272.
ALR. --
Validity, construction, and application of state statutes
regulating or proscribing payment in connection with gathering signatures on
nominating petitions for public office or initiative petitions, 40 A.L.R.6th
317.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-4-5
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 4. RECALL OF PUBLIC OFFICERS
§ 21-4-5. Recall petition -- Application for and time of
filing; sponsors; withdrawal of signature; duties of election superintendent;
printing and distribution of recall petition forms by Secretary of State
(a) No
application for a recall petition may be filed during the first 180 days or
during the last 180 days of the term of office of any public official subject
to recall. No person shall be authorized to circulate, sponsor, or sign such
application unless such person is an elector or sponsor as defined in Code
Section 21-4-3.
(b) (1)
The application shall include:
(A) The
name and office of the person sought to be recalled;
(B) The
printed names and signatures of the official sponsors, the date signed,
residence addresses, and the name of the county of residence;
(C) The
designation of one of the sponsors as the petition chairperson who shall
represent the sponsors on all matters pertaining to the recall application and
petition;
(D) A
statement that: (name and
office) has, while holding
public office, conducted himself or herself
in a manner which relates to and
adversely affects the administration of his
or her office and adversely
affects the rights and interests of the
public and stating the appropriate
ground or grounds for recall as set forth in
subparagraph (B) of paragraph (7)
of Code Section 21-4-3 with a brief statement
of the fact or facts upon which
the ground or grounds are based. Such
statement shall be typed, printed, or
reproduced by the election superintendent on
the face of each application
issued; and
(i) An affidavit by the petition
chairperson and the person circulating such recall application that each person
sponsoring or signing such recall application is an elector of the electoral
district of the officer sought to be recalled and that the fact or facts upon
which the ground or grounds for recall are based are true.
(ii) The affidavit required by division
(i) of this subparagraph shall be in the following form:
AFFIDAVIT OF
CIRCULATOR AND
PETITION CHAIRPERSON
State of Georgia
County of
Under the penalty of a violation
of Code Section 16-10-71 of the
Official Code of Georgia Annotated,
relating to false swearing,
punishable by a fine not to exceed
$1,000.00 or by imprisonment of
not less than one nor more than five
years, or both, we the
undersigned do depose and say that
each person sponsoring or signing
the recall application of is an elector of the electoral
district of the officer sought to be
recalled and further depose and
say that the fact or facts upon
which the ground or grounds for
recall are based are true.
(Signature of circulator)
(Residence address)
(Number and street or route)
(City)
(Signature of petition
chairperson)
(Residence address)
(Number and street or route)
(City)
Subscribed and sworn to
before me this
day of , .
Notary public
, Georgia
My commission expires on the day of , .
No notary public may sign the application as
an elector or serve as a circulator of any application which he or she
notarized. Any and all sheets of an application for a recall petition that have
the circulator's affidavit notarized by a notary public who also served as a
circulator of one or more sheets of the application for a recall petition or
who signed one of the sheets of the petition as an elector shall be disqualified
and rejected.
(2) Applications shall be issued by the
election superintendent who shall assign a number to each application. Such
number shall appear on the face of each application. The election
superintendent shall keep records of applications issued, including the date of
issuance and number assigned. The election superintendent shall immediately
notify in writing the public officer named for recall in the application that
an application for a recall petition has been officially issued for circulation.
(3) The official application forms shall
be printed by the office of the Secretary of State in substantially the form
prescribed in this subsection and distributed to election superintendents.
(c) The
number of official sponsors necessary to file an application for a recall
petition must be equal in number to at least 100 electors or equal in number to
at least 10 percent of the number of electors who were registered to vote at
the last preceding election for any of the candidates offering for the office
held by the public official sought to be recalled, whichever is smaller.
(d) Sponsors
of a recall petition, before causing the petition to be circulated, shall
submit the application for the petition to the election superintendent designated
in Code Section 21-4-3 and request official recall petition forms.
(e) At
any time prior to the date the election superintendent receives the application
for a recall petition, an elector who has signed the application as an official
sponsor may request withdrawal of his or her signature from the application by
executing and filing an affidavit signed and sworn to before a notary public
which affirms the elector's intention to withdraw his or her signature from the
application. The official affidavit of signature withdrawal shall be printed by
the office of the Secretary of State and distributed to election
superintendents. The form of the affidavit shall be substantially as prescribed
in Code Section 21-4-9.
(f)
(1) No
application for a recall petition shall be accepted for verification if more
than 15 days have elapsed since the application forms were issued to the
sponsors. If an application for a recall petition contains more than one sheet,
such application, when offered for filing, shall be bound together and each
sheet shall be numbered consecutively at the foot of each page beginning with
page one.
(2) On
receipt of the application, the election superintendent shall file the
application and proceed to determine the legal sufficiency of the application
and determine if the signers are qualified electors eligible to sign the
application. The election superintendent is granted unrestricted authority to
examine the registration records maintained by the board of registrars, to
receive evidence and testimony, and to require the personal appearance of any
person signing such application for the purpose of making such determination.
If the election superintendent finds that any signer is not a qualified elector
eligible to sign the application, such signature shall not be counted in
determining whether the application contains a sufficient number of signatures
as required by law. The nullification of a signature on an application shall
not affect the validity of other signatures contained in such application. The
election superintendent shall certify the legal sufficiency or insufficiency of
the application for a recall petition within five days after receiving the
application, excluding Saturdays, Sundays, and legal holidays; provided, however,
that the judge of the superior court may, upon proper application and good
cause shown, grant an additional period of time not to exceed 15 days for the
election superintendent to verify the application.
(3) The
election superintendent shall immediately notify in writing the public officer
named for recall in the application that a completed application for a recall
petition has been filed with the election superintendent for verification.
(g) No
application for a recall petition shall be amended, supplemented, or returned
after it has been filed with the election superintendent for verification.
(h) Upon
certifying the legal sufficiency of the application, the election
superintendent shall immediately officially file the certification of the application,
issue official recall petition forms, assign a number to the recall petition,
which number shall appear on the face of each petition form, and issue that
number to the sponsors. A record of each application, including the date of its
receipt and the number assigned and issued to the sponsors, shall be maintained
by the election superintendent.
(i) The
election superintendent shall immediately notify in writing the public officer
named for recall in the application that a recall petition has been officially
issued for circulation.
(j) The
official recall petition forms shall be printed by the office of the Secretary
of State and distributed to election superintendents. The form of the petition
shall be as provided in Code Section 21-4-7.
History
Code
1981, § 21-4-5, enacted by Ga. L. 1989, p. 1721, § 1; Ga. L. 1990, p. 1939, §§
2-4; Ga. L. 1999, p. 21, § 1; Ga. L. 1999, p. 23, § 3; Ga. L. 2001, p. 230, §
19.
Annotations
Notes
EDITOR'S NOTES. --
Ga. L. 1990, p. 1939, § 8, not codified by the General
Assembly, provides that the Act shall only apply to recall proceedings under
Chapter 4 of Title 21 which are instituted on or after July 1, 1990.
EDITOR'S NOTES. --
In light of the similarity of the statutory provisions,
opinions decided prior to the 1989 revision of this chapter including former
Code 1933 are included in the annotations for this Code section.
Research References & Practice Aids
LAW REVIEWS. --
For article, "Local Government Law," see 53 Mercer
L. Rev. 389 (2001).
For note on the
2001 amendment to this Code section, see 18 Ga. St. U. L. Rev. 114 (2001).
OPINIONS OF THE ATTORNEY
GENERAL
INITIATION OF SECOND
RECALL EFFORT. --Former Code 1933, §§ 89-1905 and 89-1914 (see now O.C.G.A. §§
21-4-5 and 21-4-14) represent only constraints upon initiation of second recall
effort notwithstanding previous but unsuccessful recall efforts made against
the same public officer. 1981 Op. Att'y Gen. No. U81-11.
APPLICATION OF 180-DAY
RULE TO PERSON APPOINTED OR ELECTED TO UNEXPIRED TERM. --O.C.G.A. § 21-4-5(a)
does not operate to bar the filing of an application for a recall petition
during the first 180 days served by a person appointed or elected to fill an
unexpired term of office of a public official, unless the attempted filing
occurs during the first or last 180 days of the original term of office. 1992
Op. Att'y Gen. No. 92-12.
AM. JUR. 2D. --
63C Am. Jur. 2d, Public Officers and Employees, §§ 204, 206,
207, 213.
C.J.S. --
67 C.J.S., Officers and Public Employees, § 272.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-4-7
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 4. RECALL OF PUBLIC OFFICERS
§ 21-4-7. Recall petition -- Form
(a) The
form of the recall petition shall be substantially as follows:
RECALL
PETITION
(Official
application no.)
(County or
city)
To
(Name of election
superintendent)
(Address)
(City, state, ZIP
Code)
We, the electors registered to vote in
the recall election herein petitioned, demand the recall of (Name and office) on the grounds that
said official has, while holding public office, conducted himself or herself in
a manner which relates to and adversely affects the administration of his or
her office and adversely affects the rights and interest of the public and that
said official (State the
appropriate ground or grounds for recall as set forth in subparagraph (B) of
paragraph (7) of Code Section 21-4-3 and a brief statement, not to exceed five
lines, of the fact or facts upon which such ground or grounds are based.).
Display Image
(b) The
following statements shall be written or printed on each petition and each
signer must read, or be read, the following statements:
"(1)
Any person who gives or receives money or any other thing of
value for signing a recall petition or for signing an affidavit of signature
withdrawal shall be guilty of a misdemeanor;
(2) If
(insert appropriate number) electors sign this petition, there will be an
election at which a majority of the electors voting therein will determine
whether the above-named official will be removed from office."
(c) Each
recall petition shall contain a statement specifically designating the name and
office of the official sought to be recalled, a statement that the named
official has, while holding public office, conducted himself or herself in a
manner which relates to and adversely affects the administration of his or her
office and adversely affects the rights and interests of the public, a
statement containing the appropriate ground or grounds for recall as set forth
in subparagraph (B) of paragraph (7) of Code Section 21-4-3, and a brief
statement of the fact or facts upon which such ground or grounds are based.
Such statements shall be written or printed on each petition and each signer
must read, or be read, such statements.
History
Code
1981, § 21-4-7, enacted by Ga. L. 1989, p. 1721, § 1; Ga. L. 1992, p. 56, § 1.
Annotations
Research References & Practice Aids
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-4-10
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 4. RECALL OF PUBLIC OFFICERS
§ 21-4-10. Recall petition or application -- Persons who may
not circulate petition or application; effect of signatures obtained by
unqualified persons
No
registration officer or other person authorized by law to register electors and
no person other than an elector of the electoral district of the officer sought
to be recalled shall circulate a recall application or petition. No employee of
the state shall circulate a recall application or petition. All signatures
obtained by any such unqualified person shall be void and shall not be counted
in determining the legal sufficiency of the petition.
History
Code 1981, § 21-4-10, enacted by Ga. L. 1989, p. 1721, § 1.
Annotations
Case Notes
JUDICIAL DECISIONS
EDITOR'S NOTES. --In light of the similarity of the statutory provisions, cases decided prior to the 1989 revision of this chapter are included in the annotations for this Code section.
CITED in Highsmith v. Clark, 245 Ga. 158, 264 S.E.2d 1 (1980).
Research References & Practice Aids
AM. JUR. 2D. --
63C Am. Jur. 2d, Public Officers and Employees, § 209.
C.J.S. --
67 C.J.S., Officers and Public Employees, § 272.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-4-8
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 4. RECALL OF PUBLIC OFFICERS
§ 21-4-8. Recall petition -- Electors eligible to sign;
procedure for circulating; obtaining and verifying signatures; form for affidavitof
circulator; change in signature and residence address
(a) All
signers of a single recall petition shall be electors who are registered and
eligible to vote in the recall election and who reside in the electoral
district of the officer sought to be recalled. When a petition for the recall
of a public official is circulated in more than one county, each sheet of the
petition shall bear the name of the county in which it is circulated, and only
electors of the designated county may sign such sheet. No recall petition shall
be circulated or signed by any person in any location where alcoholic beverages
are sold or served.
(b) Every
elector signing a recall petition shall do so in the presence of the person
circulating the petition, who is to execute the affidavit of verification on
the reverse side of the petition form. At the time of signing, the elector
shall sign his name, and such elector or the person circulating the petition
shall print the name of the elector below the elector's signature and shall
print or write in the appropriate spaces following the signature the elector's
residence address, giving number and street or route and city, the name of the
county, and the date on which the elector signed the petition. No notary public
may sign the petition as an elector or serve as a circulator of any petition which
he or she notarized. Any and all sheets of a recall petition that have the
circulator's affidavit notarized by a notary public who also served as a
circulator of one or more sheets of the recall petition or who signed one of
the sheets of the petition as an elector shall be disqualified and
rejected.
(c) If
an elector is incapable of signing his or her own name, he or she may
specifically request the circulator of the petition to sign and print his or
her name and complete the information required on the petition sheet to
accompany the signature; provided, however, that the circulator shall also sign
his or her full name beside the printed name of such elector.
(d) The
person before whom the electors signed the recall petition shall verify, in an
affidavit subscribed and sworn to by him or her before a notary public, that
each of the names on the petition form was signed in his or her presence on the
date indicated and that in his or her belief each signer was an elector of the
electoral district of the officer sought to be recalled.
(e) The
affidavit printed on the reverse side of each recall petition form shall be in
the following form:
AFFIDAVIT OF
CIRCULATOR
State of Georgia
County of
Under the penalty of a violation of
Code Section 16-10-71 of the
Official Code of Georgia Annotated,
relating to false swearing, punishable
by a fine not to exceed $1,000.00 or by
imprisonment of not less than one
nor more than five years, or both, I do
depose and say that I am an elector
registered to vote in the recall election
herein petitioned for and that
each petitioner signed or caused to be
signed the foregoing petition in my
presence on the date indicated; and I
believe that each signer's name and
residence address are correctly stated,
and that each signer is an elector
of the electoral district in which such
recall election will be conducted,
and that each signer has read, or was
read, the required statements which
are also set out on each petition.
(Signature of affiant)
(Residence address)
(Number and street
or route)
(City)
Subscribed and sworn to
before me this
day of ,
.
Notary public
, Georgia
My commission expires on the day of , .
(f) An
elector may change the way his or her signature and residence address appear on
the recall petition at any time prior to the filing of the petition for
verification by striking through his or her name and initialing the
strike-through and re-signing the petition with his or her printed name
corrected accordingly.
History
Code
1981, § 21-4-8, enacted by Ga. L. 1989, p. 1721, § 1; Ga. L. 1999, p. 21, § 1;
Ga. L. 1999, p. 23, § 4.
Annotations
Notes
EDITOR'S NOTES. --
In light of the similarity of the statutory provisions,
opinions decided prior to the 1989 revision of this chapter and Ga. L. 1979, p.
1612 are included in the annotations for this Code section.
Case Notes
JUDICIAL DECISIONS
EDITOR'S NOTES. --In
light of the similarity of the statutory provisions, cases decided prior to the
1989 revision of this chapter and under former Code 1933, § 89-1907 are
included in the annotations for this Code section.
LEGISLATIVE INTENT
OF THIS SECTION was to make sure that only eligible electors' names appear on
the recall petition. Segars v. Bramlett, 245 Ga. 386, 265 S.E.2d 279 (1980)
(decided under former Code 1933, § 89-1907).
PURPOSE OF PRINTING
THE ELECTOR'S NAME ON THE RECALL PETITION is legibility; to identify the person
signing the petition in the event that the signer's name cannot be deciphered
from the signature. Segars v. Bramlett, 245 Ga. 386, 265 S.E.2d 279 (1980)
(decided under former Code 1933, § 89-1907).
SOLICITATIONS OF
SIGNATURES IN PRIVATE SHOPPING MALLS. --Nothing in the Georgia Constitution or
the Recall Act of 1989, O.C.G.A. § 21-4-1 et seq., either separately or
together, establishes a right of private citizens to enter onto privately owned
shopping malls to solicit signatures for a recall petition. Citizens for
Ethical Gov't, Inc. v. Gwinnett Place Assoc., 260 Ga. 245, 392 S.E.2d 8
(1990).
ELECTOR INCAPABLE OF
SIGNING. --The statute governing recall elections does not permit one person to
sign any but his or her own name except as provided in former § 21-4-7(c) (see
O.C.G.A. § 21-4-8) as to the requesting circulator of a petition to sign for an
elector incapable of signing. Howell v. Tidwell, 258 Ga. 246, 368 S.E.2d 311
(1988) (decided under former § 21-4-7 prior to the 1989 revision).
Research References & Practice Aids
OPINIONS OF THE ATTORNEY
GENERAL
ELECTORS ELIGIBLE.
--Only voters in district now represented by officer in question may sign the
petition for recall. 1979 Op. Att'y Gen. No. U79-20 (decided under Ga. L. 1979,
p. 1612).
AM. JUR. 2D. --
63C Am. Jur. 2d, Public Officers and Employees, § 209.
C.J.S. --
67 C.J.S., Officers and Public Employees, § 272.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-4-9
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 4. RECALL OF PUBLIC OFFICERS
§ 21-4-9. Recall application or petition -- Procedure for
withdrawal of signature; contents and form of affidavit to be executed and
filed by person desiring to withdraw signature
(a) At
any time prior to the date an application for recall petition or a recall
petition is filed for verification, an elector who has signed the application
or the recall petition form may request withdrawal of his or her signature from
the application or recall petition by executing and filing an affidavit, in the
form prescribed by this Code section, with the election superintendent. Any
signature so withdrawn shall not be counted in determining the legal
sufficiency of the application or recall petition. The affidavit shall:
(1) Be
signed and sworn to before a notary public;
(2) State
the elector's residence address, giving number and street or route and city,
the name of the county of residence, and, in the case of a recall application
or petition, the number of the recall application or petition which he or she
signed; and
(3) Affirm
the elector's intention to withdraw his or her signature from the application
or recall petition.
(b) The
affidavit shall be substantially in the following form:
AFFIDAVIT OF SIGNATURE
WITHDRAWAL
State of Georgia
County of
I, (Name as it appears on the
application or recall petition),
being first duly sworn, say that I am an
elector of the (electoral
district) in which the recall election
will be conducted.
That my residence address is
(Number and street or route) (City)
That I signed or caused to be signed
the application or the petition for
the recall of (Name and office of person sought to
be recalled) and
that the recall application or petition
has been assigned number .
That it is my intention by the signing
and filing of this affidavit to
withdraw my signature therefrom.
Signature of elector
Subscribed and sworn to
before me this
day of ,
.
Notary public
, Georgia
My commission expires on the day of ,
.
History
Code
1981, § 21-4-9, enacted by Ga. L. 1989, p. 1721, § 1; Ga. L. 1993, p. 118, § 1;
Ga. L. 1999, p. 21, § 1.
Annotations
Research References & Practice Aids
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-4-12
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 4. RECALL OF PUBLIC OFFICERS
§ 21-4-12. No recall election when officeholder resigns
prior to the holding of a recall election
If
an officeholder resigns prior to the holding of a recall election no recall
election shall be conducted.
History
Code 1981, § 21-4-12, enacted by Ga. L. 1989, p. 1721, § 1.
Annotations
Research References & Practice Aids
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-4-11
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 4. RECALL OF PUBLIC OFFICERS
§ 21-4-11. Recall petition -- Determination of legal
sufficiency of petition; time period for filing; amendment; notification of
various persons of legal sufficiency of petition
(a) The
election superintendent shall be responsible for determining the legal
sufficiency of the recall petition within 30 days after it has been filed with
him or her; provided, however, that in cases where more than one recall
petition is subject to review for verification, the election superintendent
shall be responsible for determining the legal sufficiency of any recall
petition within 45 days after it has been filed with him or her. The election
superintendent or a designee is granted unrestricted authority to examine the
registration records maintained by the board of registrars, to receive evidence
and testimony, and to require the personal appearance of any person signing
such recall petition for the purpose of determining if the signers are qualified
electors eligible to sign the recall petition. If the election superintendent
shall not be reasonably able to ascertain that any signature is that of a
qualified elector eligible to sign the recall petition, such signature shall
not be counted in determining whether the petition contains a sufficient number
of signatures as required by law. The nullification of a signature on any sheet
of the recall petition shall not affect the validity of other signatures
contained on such sheet.
(b) A
recall petition shall not be accepted for verification for:
(1) Any
state-wide office if more than 90 days have elapsed since the date the official
recall petition forms were issued to the sponsors;
(2) Any
officer holding an office other than state-wide office and for whom not less
than 5,000 signatures are required for the recall petition under paragraph (2)
of subsection (a) of Code Section 21-4-4 if more than 45 days have elapsed
since the date the official recall petition forms were issued to the sponsor; or
(3) Any
officer holding an office other than a state-wide office and for whom less than
5,000 signatures are required under paragraph (2) of subsection (a) of Code
Section 21-4-4 if more than 30 days have elapsed since the date the official
recall petition forms were issued to the sponsors.
(c)
(1) No
recall petition shall be amended, supplemented, or returned after it has been
filed with the election superintendent for verification.
(2) If
a recall petition contains more than one sheet, such recall petition shall,
when offered for filing, be bound together and each sheet shall be numbered
consecutively at the foot of each page beginning with page one.
(d) Within
five days, excluding Saturdays, Sundays, and legal holidays, after the election
superintendent has certified the legal sufficiency of a petition, he or she
shall immediately notify the Governor or the appropriate official, who shall
call the recall election as provided in Code Section 21-4-13.
(e) Upon
certifying the legal sufficiency or insufficiency of a recall petition, the
election superintendent shall immediately notify the petition chairman and the
officeholder in writing of the results and officially file the certification of
the petition.
History
Code
1981, § 21-4-11, enacted by Ga. L. 1989, p. 1721, § 1; Ga. L. 1990, p. 1939, §
7.
Annotations
Notes
EDITOR'S NOTES. --
Ga. L. 1990, p. 1939, § 8, not codified by the General
Assembly, provides that the Act shall only apply to recall proceedings under
Chapter 4 of Title 21 which are instituted on or after July 1, 1990.
Research References & Practice Aids
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-4-14
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 4. RECALL OF PUBLIC OFFICERS
§ 21-4-14. Recall election -- Filing subsequent recall
petition against officer following recall election or denial of recall petition
(a) After
a recall petition and election, no further recall petition shall be filed
against the same officer until at least six months have elapsed from the date
of the previous recall election; and any other recall petitions against that
officer outstanding on the date of the recall election shall be void.
(b) If
the election superintendent finds that a recall petition is insufficient and
fails to verify the same, no further application for a recall petition shall be
filed against the same officer until at least six months have elapsed from the
date of the denial of such recall petition; provided, however, that such
finding of insufficiency shall not bar the verification of any other recall
petition against that officer which is available for signature or pending
verification at the time of such finding of insufficiency.
History
Code
1981, § 21-4-14, enacted by Ga. L. 1989, p. 1721, § 1.
Annotations
Notes
EDITOR'S NOTES. --
In light of the similarity of the statutory provisions,
opinions decided prior to the 1989 revision of this chapter and under former
Code 1933, § 89-1914 are included in the annotations for this Code
section.
Case Notes
JUDICIAL DECISIONS
DETERMINATION OF THE
LEGAL INSUFFICIENCY of the original application for a recall petition was not a
bar to filing a second application within six months of the first application.
Collins v. Morris, 263 Ga. 734, 438 S.E.2d 896 (1993).
A judicial
determination that a recall petition was issued in violation of the Recall Act,
O.C.G.A. § 21-4-1 et seq., is not a bar to a subsequent petition. George v.
Baker, 265 Ga. 858, 463 S.E.2d 124 (1995).
Research References & Practice Aids
OPINIONS OF THE ATTORNEY
GENERAL
INITIATION OF SECOND
RECALL EFFORT. --Former Code 1933, §§ 89-1905 and 89-1914 (see now O.C.G.A. §§
21-4-5 and 21-4-14) represent only constraints upon initiation of second recall
effort notwithstanding previous but unsuccessful recall efforts made against
the same public officer. 1981 Op. Att'y Gen. No. U81-11 (decided under former
Code 1933, § 89-1914).
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-4-13
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 4. RECALL OF PUBLIC OFFICERS
§ 21-4-13. Recall election -- Time for holding; officer to
call election; publication of call; form of ballots; vote required to
effectuate recall; special election to fill vacancy created
(a) Within
ten days after having received certification of the sufficiency of the recall
petition by the election superintendent, a recall election shall be called and
published, as provided in this Code section, and shall be conducted not less
than 30 days nor more than 45 days after such call; provided, however, that, if
a primary or general election is to be held not less than 30 days nor more than
45 days after such call is issued, the recall election shall be conducted on
that date.
(b) A
recall election shall be called:
(1) By
the Governor, if for a state officer;
(2) By
the election superintendent of the county, if for a county officer; or
(3) By
the election superintendent of the municipality, if for a municipal
officer.
(c) If
a recall petition is against an officer who is directed by this Code section to
call the election, it shall be called:
(1) By
the Secretary of State, if for the Governor; or
(2) By
the clerk of the superior court, if for the judge of the probate court and such
judge serves as the election superintendent of the county.
(d) The
official call for such election shall be published one time as follows:
(1) In
a newspaper of general circulation in the electoral district, if such election
is for a state officer;
(2) In
the official organ of the county, if such election is for a county officer;
or
(3) In
the official gazette of the municipality, if such election is for a municipal
officer.
(e) It
shall be the duty of the appropriate official authorized by law to conduct
elections to hold and conduct the recall election and to declare and certify
the results; provided, however, that if the person sought to be recalled is the
official authorized by law to conduct elections, the clerk of the superior
court of the county in which such recall election is to be held shall hold and
conduct the recall election and declare and certify the results. The ballot for
the recall election shall state the name and office of the person whose recall
has been petitioned, and the ballot shall be in the form prescribed by law for
state, county, or municipal officers. The ballot shall have written or printed
thereon the following:
"[
] YES Shall (name of officeholder),
(name of office), be recalled and
removed from public office on the
[ ] NO
grounds that said official has, while holding public office,
conducted himself or herself in a manner
which relates to and adversely
affects the administration of his or her
office and adversely affects the
rights and interests of the public and on
the ground(s) that such official
(State the appropriate ground or
grounds for recall as set forth in
subparagraph (B) of paragraph (7) of Code
Section 21-4-3.)?"
If more than one public officer is subject to
a recall election in the same precinct, the election superintendent may prepare
a recall ballot so as to include on a single ballot separate recall questions
for each of the officers sought to be recalled.
(f) Those
persons desiring to vote in favor of recall shall vote "Yes," and
those persons desiring to vote against recall shall vote "No." If
more than one-half of the votes cast on such question are in favor of recall,
the public office in question shall immediately become vacant. Otherwise, the
public official named in the recall petition shall continue in office.
(g) A
special election shall be called by the appropriate state or local official to
fill a vacancy created by recall. The special election shall be called within
ten days after the date of the recall election and shall be conducted at least
30 days but not more than 45 days following the call. If no official is
specifically designated by law or if the appropriate official has been
recalled, the Governor shall issue the call for a special election to fill the
vacancy created by recall. Any person who has been recalled from office under
this chapter shall be eligible to offer for election to fill the vacancy
created by recall.
History
Code
1981, § 21-4-13, enacted by Ga. L. 1989, p. 1721, § 1; Ga. L. 1993, p. 118, §
1.
Annotations
Notes
EDITOR'S NOTES. --
In light of the similarity of the statutory provisions,
opinions decided prior to the 1989 revision of this chapter and under former §
21-4-12 are included in the annotations for this Code section.
Case Notes
JUDICIAL DECISIONS
CITED in Collins v.
Morris, 263 Ga. 734, 438 S.E.2d 896 (1993).
Research References & Practice Aids
CROSS REFERENCES. --
Filling of vacancies in public offices generally, T. 45, C.
5 and § 45-12-50 et seq.
OPINIONS OF THE ATTORNEY
GENERAL
FILLING VACANCY ON
COUNTY SCHOOL BOARD. --Former O.C.G.A. §§ 21-4-11 and 21-4-12(g) (see O.C.G.A.
§ 21-4-13) govern the manner of filling a vacancy on a county school board
created by the resignation of a member of the county school board subsequent to
the filing of an application for a recall petition, but prior to a recall
election, or as a result of a recall election, respectively. 1985 Op. Att'y
Gen. No. 85-46 (decided under former § 21-4-12 prior to 1989 revision).
DUTY TO RUN COUNTY
SCHOOL SYSTEM BETWEEN TIME OF RECALL AND SPECIAL ELECTION. --The county school
superintendent is charged with the duty of continuing to effectuate and enforce
the rules, regulations, and instructions of the county board of education and
continuing to operate the county school system during the period of time
between the successful recall of all or a majority of the county board of
education and the filling of the vacancies on the county board of education by
special election. 1985 Op. Att'y Gen. No. U85-43 (decided under former §
21-4-12 prior to 1989 revision).
AM. JUR. 2D. --
63C Am. Jur. 2d, Public Officers and Employees, § 207.
C.J.S. --
67 C.J.S., Officers and Public Employees, § 271 et seq.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-4-17
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 4. RECALL OF PUBLIC OFFICERS
§ 21-4-17. Promulgation of rules and regulations by
Secretary of State
The
Secretary of State is authorized to promulgate such rules and regulations as
are necessary to carry out this chapter.
History
Code 1981, § 21-4-17, enacted by Ga. L. 1989, p. 1721, § 1.
Annotations
Research References & Practice Aids
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-4-15
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 4. RECALL OF PUBLIC OFFICERS
§ 21-4-15. Manner of conducting recall elections
The
powers, duties, and penalties conferred or imposed by law upon public officials
who conduct special elections are conferred and imposed upon public officials
conducting recall elections. All such elections shall be conducted in the same
manner as special elections and in accordance with Chapters 2 and 3 of this
title.
History
Code 1981, § 21-4-15, enacted by Ga. L. 1989, p. 1721, § 1.
Annotations
Research References & Practice Aids
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-4-16
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 4. RECALL OF PUBLIC OFFICERS
§ 21-4-16. Campaign and financial disclosure requirements,
restrictions, and qualifications
Any
person sponsoring or opposing a recall petition under this chapter shall be
subject to Chapter 5 of this title, the "Ethics in Government Act,"
in the same manner as candidates; and the petition chairperson shall file the
reports required to be filed under said chapter and shall be subject to the
same restrictions, qualifications, and provisions contained in such chapter.
History
Code 1981, § 21-4-16, enacted by Ga. L. 1989, p. 1721, § 1.
Annotations
Research References & Practice Aids
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-4-18
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 4. RECALL OF PUBLIC OFFICERS
§ 21-4-18. Application to court to compel election
superintendent to comply with chapter; jurisdiction and venue of actions
against election superintendent
(a) If
the election superintendent fails to comply with this chapter, any elector may
apply, within ten days after such refusal, to the superior court for a writ of
mandamus to compel the election superintendent to perform his or her official
duties. If the court finds that the election superintendent has not complied
with this chapter, the court shall issue an order for the election
superintendent to comply.
(b) An
action against an election superintendent shall be filed in the superior court
of the county of such election superintendent, except that an action against
the Secretary of State shall be filed in the Superior Court of Fulton County.
History
Code
1981, § 21-4-18, enacted by Ga. L. 1989, p. 1721, § 1.
Annotations
Case Notes
JUDICIAL DECISIONS
EDITOR'S NOTES. --In
light of the similarity of the statutory provisions, decisions decided prior to
the 1989 revision of this chapter including former § 21-4-17 are included in
the annotations for this Code section.
MANDAMUS ACTION TO
COMPEL PROBATE JUDGE TO VERIFY SIGNATURES. --When plaintiffs filed a mandamus
action to force a probate judge to properly verify the signatures on a recall
petition and notwithstanding a reference to O.C.G.A. § 21-2-521, a section on
contesting results of primaries or elections, and the inclusion of prayers for
equitable relief, the complaint stated a claim under former O.C.G.A. § 21-4-17
(see now O.C.G.A. § 21-4-18), and its dismissal was error. Howell v. Tidwell,
256 Ga. 647, 352 S.E.2d 372 (1987) (decided under former § 21-4-17).
MANDAMUS NOT
APPROPRIATE REMEDY. --Suit for equitable relief, not an action for mandamus,
was proper remedy for elected officials contending that election
superintendent's actual past performance of duties was in noncompliance with the
Recall Act, O.C.G.A. § 21-4-1 et seq., and would lead to scheduling an
unauthorized recall election. Hunter v. George, 265 Ga. 573, 458 S.E.2d 830
(1995).
CITED in Segars v.
Bramlett, 245 Ga. 386, 265 S.E.2d 279 (1980).
Research References & Practice Aids
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-4-19
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 4. RECALL OF PUBLIC OFFICERS
§ 21-4-19. Determination of eligibility to sign application
for recall petition or petition for recall
An
elector's eligibility to sign an application for a recall petition or a
petition for recall shall be determined as of the date immediately preceding
the date the application or petition is signed by that elector.
History
Code 1981, § 21-4-19, enacted by Ga. L. 1989, p. 1721, § 1.
Annotations
Research References & Practice Aids
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-4-20
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 4. RECALL OF PUBLIC OFFICERS
§ 21-4-20. Giving or receiving money or other thing of value
to sign petition or affidavit; compelling person to sign petition or to remove
name; signing another's name to petition; signing more than one; signing by
ineligible person
(a) Any
person who gives or receives money or any other thing of value for signing a
recall application or petition or for signing an affidavit of signature
withdrawal shall be guilty of a misdemeanor.
(b) A
person who, by menace or threat either directly or indirectly, induces or
compels or attempts to induce or compel any other person to sign or subscribe
or to refrain from signing or subscribing that person's name to a recall
application or petition or, after signing or subscribing that person's name, to
have that person's name taken therefrom shall be guilty of a misdemeanor.
(c) A
person who signs any name other than his or her own to a recall application or
petition, except in a circumstance where he or she signs for a person in the
presence of and at the specific request of such person who is incapable of
signing that person's own name, or who knowingly signs his or her name more
than once for the same recall application or petition or who knowingly is not
at the time of signing a qualified elector of the electoral district of the
officer sought to be recalled shall be guilty of a misdemeanor.
History
Code
1981, § 21-4-20, enacted by Ga. L. 1989, p. 1721, § 1.
Annotations
Research References & Practice Aids
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-4-21
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 4. RECALL OF PUBLIC OFFICERS
§ 21-4-21. Construction of chapter
This
chapter is supplementary to any other methods provided by general law for
removing a public official from office; and nothing in this chapter shall be
construed as abridging or repealing such laws.
History
Code 1981, § 21-4-21, enacted by Ga. L. 1989, p. 1721, § 1.
Annotations
Research References & Practice Aids
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-5-1
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 5. ETHICS IN GOVERNMENT > ARTICLE 1. GENERAL PROVISIONS
§ 21-5-1. Short title
This
chapter shall be known as and may be cited as the "Ethics in Government
Act."
History
Code 1981, § 21-5-1, enacted by Ga. L. 1986, p. 957, § 1.
Annotations
Research References & Practice Aids
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-5-2
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 5. ETHICS IN GOVERNMENT > ARTICLE 1. GENERAL PROVISIONS
§ 21-5-2. Declaration of policy
It
is declared to be the policy of this state, in furtherance of its
responsibility to protect the integrity of the democratic process and to ensure
fair elections for constitutional offices; state offices; district attorneys;
members of the Georgia House of Representatives and Georgia Senate; all
constitutional judicial officers; and all county and municipal elected
officials, to institute and establish a requirement of public disclosure of
campaign contributions and expenditures relative to the seeking of such
offices, to the recall of public officers holding elective office, and to the
influencing of voter approval or rejection of a proposed constitutional
amendment, a state-wide referendum, or a proposed question which is to appear
on the ballot in any county or municipal election. Further, it is the policy of
this state that the state's public affairs will be best served by disclosures
of significant private interests of public officers and officials which may
influence the discharge of their public duties and responsibilities. The
General Assembly further finds that it is for the public to determine whether
significant private interests of public officers have influenced the state's
public officers to the detriment of their public duties and responsibilities
and, in order to make that determination and hold the public officers
accountable, the public must have reasonable access to the disclosure of the
significant private interests of the public officers of this state.
History
Code 1981, § 21-5-2, enacted by Ga. L. 1986, p. 957, § 1; Ga. L. 1987, p. 297, § 1; Ga. L. 2005, p. 859, § 1/HB 48.
Annotations
Notes
EDITOR'S NOTES. --
Ga. L. 2005, p. 859, § 28/HB 48, not codified by the General Assembly, provides that the Act shall not apply to any violation occurring prior to January 9, 2006.
Case Notes
JUDICIAL DECISIONS
CITED in Serdula v. State, 845 S.E.2d 362, No. A20A0258, 2020 Ga. App. LEXIS 359 (2020).
Research References & Practice Aids
LAW REVIEWS. --
For article on the 2005 amendment of this Code section, see 22 Ga. St. U. L. Rev. 119 (2005).
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-5-4
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 5. ETHICS IN GOVERNMENT
> ARTICLE 1. GENERAL PROVISIONS
§ 21-5-4. Georgia Government Transparency and Campaign
Finance Commission; membership; officers; quorum; meetings
(a) The
Georgia Government Transparency and Campaign Finance Commission shall be a
successor to the State Ethics Commission, with such duties and powers as are
set forth in this chapter. As the successor commission, it shall have all the
powers and duties granted to the State Ethics Commission in all matters pending
before the State Ethics Commission and may continue to investigate, prosecute,
and act upon all such matters.
(b) The
commission shall be governed by five members appointed as follows: three members,
not more than two of whom shall be from the same political party, shall be
appointed by the Governor, two for terms of three years and one for a term of
two years; one member shall be appointed by the Senate Committee on Assignments
for a term of four years; and one member shall be appointed by the Speaker of
the House of Representatives for a term of four years. Upon the expiration of a
member's term of office, a new member, appointed in the same manner as the
member whose term of office expired as provided in this subsection, shall
become a member of the commission and shall serve for a term of four years and
until such member's successor is duly appointed and qualified. If a vacancy
occurs in the membership of the commission, a new member shall be appointed to
the unexpired term of office by the state official or the committee that
appointed the vacating member. Members of the commission shall not serve for
more than one complete term of office.
(c) All
members of the commission shall be residents of this state.
(d) Any
person who:
(1) Has
qualified to run for any federal, state, or local public office within a period
of five years prior to such person's appointment;
(2) Has
held any federal, state, or local public office within a period of five years
prior to such person's appointment; or
(3) Serves
as an officer of any political party, whether such office is elective or
appointive and whether such office exists on a local, state, or national
level
shall be ineligible to serve as a member of
the commission.
(e) The
commission shall elect a chairperson, a vice chairperson, and other officers as
it deems necessary. The members shall not be compensated for their services but
they shall be reimbursed in an amount equal to the per diem received by the
General Assembly for each day or portion thereof spent in serving as members of
the commission. They shall be paid their necessary traveling expenses while
engaged in the business of the commission.
(f) A
majority of the members of the commission constitutes a quorum for the
transaction of business. The vote of at least a majority of the members present
at any meeting at which a quorum is present is necessary for any action to be
taken by the commission. No vacancy in the membership of the commission impairs
the right of a quorum to exercise all rights and perform all duties of the
commission.
(g) Meetings
of the members of the commission shall be held at the call of the chairperson
or whenever any two members so request.
History
Code
1981, § 21-5-4, enacted by Ga. L. 1986, p. 957, § 1; Ga. L. 1987, p. 297, §
3; Ga. L. 2005, p. 859, § 3/HB 48; Ga. L. 2006, p. 69, § 1/SB 467; Ga. L. 2010, p. 1173, § 3/SB 17.
Annotations
Notes
EDITOR'S NOTES. --
Ga. L. 2005, p. 859,
§ 28/HB 48, not codified by the General Assembly, provides that the Act shall
not apply to any violation occurring prior to January 9, 2006.
Ga. L. 2010, p. 1173, § 1/SB 17, not
codified by the General Assembly, provides: "This Act shall be known and
may be cited as the 'Georgia Government Transparency and Campaign Finance Act
of 2010.'"
Ga. L. 2010, p. 1173, § 30/SB 17, not
codified by the General Assembly, provides, in part, that the amendment to this
Code section applies to all reports filed on and after January 10, 2011.
EDITOR'S NOTES. --
In light of the similarity of the statutory provisions,
annotations decided under the former chapter are included in the annotations
for this Code section.
Case Notes
JUDICIAL DECISIONS
EDITOR'S NOTES. --In
light of the similarity of the statutory provisions, annotations decided under
the former chapter are included in the annotations for this Code section.
APPOINTMENT OF
MEMBER BY LEGISLATURE NOT UNCONSTITUTIONAL. --The mere appointment, by a member
of the legislative branch, of a nonlegislator to an executive commission, such
as the State Campaign and Financial Disclosure Committee (now State Ethics
Commission), is not a simultaneous discharge of duties and functions against
which the constitutional doctrine of separation of powers is directed. Caldwell
v. Bateman, 252 Ga. 144, 312 S.E.2d 320 (1984) (decided under the former
chapter).
Research References & Practice Aids
ADMINISTRATIVE RULES AND REGULATIONS.
--
Organization, Official Compilation of the Rules and
Regulations of the State of Georgia, State Ethics Commission, Chapter
189-1.
LAW REVIEWS. --
For article on 2005 amendment of this Code section, see 22
Ga. St. U. L. Rev. 119 (2005).
OPINIONS OF THE ATTORNEY
GENERAL
REIMBURSEMENT FOR
FOOD AND LODGING EXPENSES. --Members of the commission are not entitled to
reimbursement for food and lodging expenses, but only for traveling expenses,
i.e., the actual cost of transportation, depending on the type of carrier
utilized, while engaged in the business of the commission. 1975 Op. Att'y Gen.
No. 75-103 (decided under the former chapter).
TERMS. --Members of
the Georgia Government Transparency and Campaign Finance Commission may serve
no more than one complete four year term of office, as set by law, and may for
a period of less than a complete term hold over in office until one's successor
is duly appointed and properly takes office. 2011 Op. Att'y Gen. No. 11-4.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. TITLE 21 Chapter 5
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 5. ETHICS IN GOVERNMENT
TITLE 21 Chapter 5 NOTE
Annotations
Notes
EDITOR'S NOTES. --
Ga. L. 1986, p. 957, § 1 repealed the former chapter, the "Campaign and Financial Disclosure Act", and enacted the present chapter. The former chapter consisted of §§ 21-5-1 through 21-5-5, 21-5-5.1, 21-5-6 through 21-5-10, 21-5-10.1, 21-5-11, 21-5-11.1, and 21-5-12 through 21-5-14 and was based on Ga. L. 1974, p. 155, §§ 1 through 10; Ga. L. 1975, p. 1120, §§ 1 through 3, 3A, 4, 5 through 7, 7A, 9, 10, 12, 12A; Ga. L. 1976, p. 1423, §§ 1 through 5; Ga. L. 1977, p. 1302, §§ 1 through 10, 12 through 19; Ga. L. 1979, p. 602, §§ 1 through 6; Ga. L. 1980, p. 724, §§ 1 through 3; Ga. L. 1981, p. 851, § 1; Ga. L. 1982, p. 3, § 21; Ga. L. 1984, p. 133, § 1; Ga. L. 1984, p. 764, §§ 1 to 7; Ga. L. 1984, p. 1100, § 1; Ga. L. 1985, p. 206, § 1; and Ga. L. 1986, p. 855, § 8.
Ga. L. 1992, p. 1075, § 1, effective April 6, 1992, not codified by the General Assembly, provides that that Act is entitled "The Public Officials Conduct and Lobbyist Disclosure Act of 1992."
EDITOR'S NOTES. --
In light of the similarity of the statutory provisions, decisions under the former chapter and Code Section 21-5-10 are included in the annotations for this chapter.
Research References & Practice Aids
CROSS REFERENCES. --
Ethics and Efficiency in Government Act, T. 28, C. 11. Codes of ethics and conflicts of interest relating to public officers and employees, T. 45, C. 10.
ADMINISTRATIVE RULES AND REGULATIONS. --Organization, practice and procedure, and other provisions, Official Compilation of the Rules and Regulations of the State of Georgia, State Ethics Commission, Chapter 189-1 et seq.
LAW REVIEWS. --
For annual survey of administrative law, see 38 Mercer L. Rev. 17 (1986). For annual survey of local government law, see 40 Mercer L. Rev. 303 (1988). For article, "Georgia's New Ethics Laws: A Summary of the Changes Relevant to Lobbyists and Legislators," see 11 Ga. St. B. J. 22 (No. 4, 2005). For article, "Georgia's New Ethics Laws: A Summary of the Changes Relevant to Candidates, Campaigns and Contributors," see 11 Ga. St. B. J. 16 (No. 6, 2006).
For note on 1990 amendment of Code sections within this chapter, see 7 Ga. St. U. L. Rev. 279 (1990).
OPINIONS OF THE ATTORNEY GENERAL
BASIC PURPOSE OF THE FORMER CHAPTER was to provide the electorate with information about fiscal contributions made to, and expenditures made by, those who seek public office; to be of reasonable value, and to avoid confusion both in the mind of the general public and in the administrative supervision and enforcement of this chapter, uniformity of reporting, both as to substance and procedure, was highly desirable, if not a practical necessity. 1976 Op. Att'y Gen. No. 76-22 (decided under former chapter).
CHAPTER SUPERSEDED IN ENTIRETY. --Ga. L. 1986, p. 957, which by its terms struck O.C.G.A. T. 21, Ch. 5 in its entirety and replaced it with a new O.C.G.A. T. 21, Ch. 5, is intended as a complete substitute for the former chapter and superseded it in its entirety on March 1, 1987. 1986 Op. Att'y Gen. No. 86-50.
ENFORCEMENT OF FORMER LAW. --The State Ethics Commission may enforce all filing requirements of the law in effect until March 1, 1987, which are continued in effect under the provisions of Ga. L. 1986, p. 957. 1986 Op. Att'y Gen. No. 86-50.
Actions brought to enforce the provisions of the law in effect until March 1, 1987, which are continued in force and effect under the new law may proceed under the new law. 1986 Op. Att'y Gen. No. 86-50.
APPLICABILITY OF ADVISORY OPINIONS. --To the extent that the provisions of this chapter in effect until March 1, 1987, are continued under Ga. L. 1986, p. 957, the opinions of the Attorney General interpreting the provisions will continue to be applicable until and unless they are modified by subsequent opinion, judicial decision, or other change in law, and although the opinions issued by the State Campaign and Financial Disclosure Commission are not binding on the new State Ethics Commission, the advisory opinions of the State Campaign and Financial Disclosure Commission will be persuasive authority as to the provisions of law which continue under the new law. 1986 Op. Att'y Gen. No. 86-50.
EXPENDITURES MADE INDEPENDENTLY OF A CANDIDATE, including expenditures in favor of or opposing a candidate, are not subject to the dollar limitations and reporting and registration requirements of O.C.G.A. T. 21, C. 5. 1995 Op. Att'y Gen. No. 95-26.
SPECIAL TREATMENT OF PUBLIC OFFICIALS BY MUNICIPAL UTILITIES. --Special treatment of public employees and officials by a municipally owned and operated public utility system may need to be disclosed under O.C.G.A. T. 21, C. 5. 2000 Op. Att'y Gen. No. 2000-4.
ALR. --
Constitutionality of corrupt practices acts, 69 A.L.R. 377.
Hierarchy Notes:
Title Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-5-3
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 5. ETHICS IN GOVERNMENT
> ARTICLE 1. GENERAL PROVISIONS
§ 21-5-3. Definitions
As
used in this chapter, the term:
(1) "Business
entity" means any corporation, sole proprietorship, partnership, limited
partnership, limited liability company, limited liability partnership,
professional corporation, enterprise, franchise, association, trust, joint
venture, or other entity, whether for profit or nonprofit.
(2) "Campaign
committee" means the candidate, person, or committee which accepts
contributions or makes expenditures designed to bring about the nomination or
election of an individual to any elected office. The term "campaign
committee" also means any person or committee which accepts contributions
or makes expenditures designed to bring about the recall of a public officer
holding elective office or to oppose the recall of a public officer holding
elective office or any person or any committee which accepts contributions or
makes expenditures designed to bring about the approval or rejection by the
voters of any proposed constitutional amendment, a state-wide referendum, or a proposed
question which is to appear on the ballot in this state or in a county or a
municipal election in this state.
(3) "Campaign
contribution disclosure report" means a report filed with the commission
by a candidate or the chairperson or treasurer of a campaign committee setting
forth all expenditures of more than $100.00 and all contributions of more than
$100.00, including contributions and expenditures of lesser amounts when the
aggregate amount thereof by or to a person is more than $100.00 for the
calendar year in which the report is filed. Such report shall also include the
total amount of all individual contributions received or expenditures made of
less than $100.00 each. The first report required in the calendar year of the
election shall contain all such expenditures made and all such contributions
received by the candidate or the committee in prior years in support of the
campaign in question.
(4) "Candidate"
means an individual who seeks nomination for election or election to any public
office, whether or not such an individual is elected; and a person shall be
deemed to seek nomination or election if such person has taken necessary action
under the laws of this state to qualify such person for nomination for election
or election or has received any contributions or made any expenditures in
pursuit of such nomination or election or has given such person's consent for
such person's campaign committee to receive contributions or make expenditures
with a view to bringing about such person's nomination for election or election
to such office.
(5) "Commission"
means the Georgia Government Transparency and Campaign Finance Commission
created under Code Section 21-5-4.
(6) "Connected
organization" means any organization, including any business entity, labor
organization, membership organization, or cooperative, which is not a political
action committee as defined in this Code section, but which, directly or
indirectly, establishes or administers a political action committee or which
provides more than 40 percent of the funds of the political action committee
for a calendar year.
(7) "Contribution"
means a gift, subscription, membership, loan, forgiveness of debt, advance or
deposit of money or anything of value conveyed or transferred for the purpose
of influencing the nomination for election or election of any person for
office, bringing about the recall of a public officer holding elective office
or opposing the recall of a public officer holding elective office, or the
influencing of voter approval or rejection of a proposed constitutional
amendment, a state-wide referendum, or a proposed question which is to appear
on the ballot in this state or in a county or a municipal election in this
state. The term specifically shall not include the value of personal services
performed by persons who serve without compensation from any source and on a
voluntary basis. The term "contribution" shall include other forms of
payment made to candidates for office or who hold office when such fees and compensation
made can be reasonably construed as a campaign contribution designed to
encourage or influence a candidate or public officer holding elective office.
The term "contribution" shall also encompass transactions wherein a
qualifying fee required of the candidate is furnished or paid by anyone other
than the candidate.
(8) "Direct
ownership interest" means the holding or possession of good legal or
rightful title of property or the holding or enjoyment of real or beneficial
use of the property by any person and includes any interest owned or held by a
spouse of such person if such interest is held jointly or as tenants in common
between the person and spouse.
(9) "Election"
means a primary election; run-off election, either primary or general; special
election; or general election. The term "election" also means a
recall election.
(10) "Election
cycle" means the period from the day following the date of an election or
appointment of a person to elective public office through and including the
date of the next such election of a person to the same public office and shall
be construed and applied separately for each elective office.
(11) "Election
year" shall be construed and applied separately for each elective office
and means for each elective office the calendar year during which a regular or
special election to fill such office is held.
(12) "Expenditure"
means a purchase, payment, distribution, loan, advance, deposit, or any
transfer of money or anything of value made for the purpose of influencing the
nomination for election or election of any person, bringing about the recall of
a public officer holding elective office or opposing the recall of a public
officer holding elective office, or the influencing of voter approval or rejection
of a proposed constitutional amendment, a state-wide referendum, or a proposed
question which is to appear on the ballot in this state or in a county or a
municipal election in this state. The term specifically shall not include the
value of personal services performed by persons who serve without compensation
from any source and on a voluntary basis. The term "expenditure"
shall also include the payment of a qualifying fee for and on behalf of a
candidate.
(13) "Fiduciary
position" means any position imposing a duty to act primarily for the
benefit of another person as an officer, director, manager, partner, guardian,
or other designation of general responsibility of a business entity.
(14) "Gift"
means any gratuitous transfer to a public officer or any member of the family
of the public officer or a loan of property or services which is not a
contribution as defined in paragraph (7) of this Code section and which is more
than $100.00.
(15) "Independent
committee" means any committee, club, association, partnership,
corporation, labor union, or other group of persons, other than a campaign
committee, political party, or political action committee, which receives
donations during a calendar year from persons who are members or supporters of
the committee and which expends such funds either for the purpose of affecting
the outcome of an election for any elected office or to advocate the election
or defeat of any particular candidate.
(16) "Intangible
property" means property which is not real property and which is held for
profit and includes stocks, bonds, interest in partnerships, choses in action,
and other investments but shall not include any ownership interest in any
public or private retirement or pension fund, account, or system and shall not
include any ownership interest in any public or private life insurance contract
or any benefit, value, or proceeds of such life insurance contract.
(16.1) "Investment" means the
investment of money or capital to gain interest or income.
(17) "Member
of the family" means a spouse and all dependent children.
(17.1) "Nonelection year" shall
be construed and applied separately for each elective office and means for each
elective office any calendar year during which there is no regular or special
election to fill such office.
(17.2) "Nonprofit organization"
means a corporation, foundation, or other legal entity, no part of the net
earnings of which inures to the benefit of any private shareholder or
individual holding an interest in such entity.
(18) "Ordinary
and necessary expenses" shall include, but shall not be limited to,
expenditures made during the reporting period for qualifying fees, office costs
and rent, lodging, equipment, travel, advertising, postage, staff salaries,
consultants, files storage, polling, special events, volunteers, reimbursements
to volunteers, repayment of any loans received except as restricted under
subsection (i) of Code Section 21-5-41, contributions to nonprofit
organizations, flowers for special occasions, which shall include, but are not
limited to, birthdays and funerals, attorney fees connected to and in the
furtherance of the campaign, and all other expenditures contemplated in Code
Section 21-5-33.
(19) "Person"
means an individual, partnership, committee, association, corporation, limited
liability company, limited liability partnership, trust, professional
corporation, or other business entity recognized in the State of Georgia, labor
organization, or any other organization or group of persons.
(20) "Political
action committee" means:
(A) Any committee, club, association,
partnership, corporation, labor union, or other group of persons which receives
donations during a calendar year from persons who are members or supporters of
the committee and which contributes funds to one or more candidates for public
office or campaign committees of candidates for public office; and
(B) A "separate segregated
fund" as defined in Code Section 21-5-40.
Such term does not include a candidate
campaign committee.
(21) "Public
employee" means every person employed by the executive, legislative, or
judicial branch of state government, or any department, board, bureau, agency,
commission, or authority thereof.
(22) "Public
officer" means:
(A) Every constitutional officer;
(B) Every elected state official;
(C) The executive head of every state
department or agency, whether elected or appointed;
(D) Each member of the General
Assembly;
(E) The executive director of each state
board, commission, council, or authority and the members thereof;
(F) Every elected county official and
every elected member of a local board of education; and
(G) Every elected municipal
official.
(23) "Qualifying
officer" means a person who qualifies a candidate for an election.
(24) "Reporting
period" means the period of time beginning the day after the last report
due date, excluding any grace period, through the due date of the next report.
History
Code
1981, § 21-5-3, enacted by Ga. L. 1986, p. 957, § 1; Ga. L. 1987, p. 297, § 2;
Ga. L. 1987, p. 458, § 1; Ga. L. 1990, p. 922, § 1; Ga. L. 1992, p. 1075, § 2;
Ga. L. 1993, p. 118, § 1; Ga. L. 1993, p. 1279, § 14; Ga. L. 2000, p. 1491, §§
1, 2; Ga. L. 2005, p. 859, § 2/HB
48; Ga. L. 2006, p. 69, § 1/SB
467; Ga. L. 2010, p. 1173, § 2/SB
17; Ga. L. 2013, p. 173, § 2/HB 143.
Annotations
Notes
EDITOR'S NOTES. --
Ga. L. 2000, p. 1491, § 5, not codified by the General
Assembly, provides for severability.
Ga. L. 2000, p. 1491, § 6, not codified by
the General Assembly, provides that for purposes of issuing rules and
regulations, that Act became effective May 1, 2000.
Ga. L. 2005, p. 859, § 28/HB 48, not
codified by the General Assembly, provides that the Act shall not apply to any
violation occurring prior to January 9, 2006.
Ga. L. 2010, p. 1173, § 1/SB 17, not
codified by the General Assembly, provides: "This Act shall be known and
may be cited as the 'Georgia Government Transparency and Campaign Finance Act
of 2010.'"
Ga. L. 2010, p. 1173, § 30/SB 17, not
codified by the General Assembly, provides, in part, that the amendment to this
Code section applies to all reports filed on and after January 10, 2011.
EDITOR'S NOTES. --
In light of the
similarity of the statutory provisions, annotations decided under the former
chapter are included in the annotations for this Code section.
Case Notes
GENERAL
CONSIDERATION
CONTRIBUTIONS
PERSON
JUDICIAL DECISIONS
ANALYSIS
GENERAL CONSIDERATION
EDITOR'S NOTES. --In
light of the similarity of the statutory provisions, annotations decided under
the former chapter are included in the annotations for this Code section.
OFFICERS MAY NOT
RECEIVE VALUABLES IN EXCHANGE FOR ACT RELATED TO OFFICE. --Other than those
emoluments of public office that are expressly authorized and established by
law, no holder of public office is entitled to request or receive -- from any
source, directly or indirectly -- anything of value in exchange for the
performance of any act related to the functions of that office. State v. Agan,
259 Ga. 541, 384 S.E.2d 863 (1989), cert. denied, 494 U.S. 1057, 110 S. Ct.
1526, 108 L. Ed. 2d 765 (1990).
CONTRIBUTIONS
CHANGE IN ACT
DEFINITION ENLARGED DEFINITION OF CONTRIBUTION. --The Ethics in Government Act,
O.C.G.A. § 21-5-1 et seq., carried forward the substance of the definition of
contribution from the Financial Disclosure Act, O.C.G.A. § 21-5-50 et seq., but
removed the words that restricted the term "influence" to influencing
the introduction of enriching legislation; that change was not as an attempt to
restrict the definition of a bribe, but as a manner of enlarging the definition
of a contribution so as to insure the reporting of almost all transfers to the
candidate or office holder. State v. Agan, 259 Ga. 541, 384 S.E.2d 863 (1989),
cert. denied, 494 U.S. 1057, 110 S. Ct. 1526, 108 L. Ed. 2d 765 (1990).
CONTRIBUTIONS
INCLUDES FUNDS RECEIVED AND FUNDS EXPENDED. --For a candidate,
"contribution" includes not only the transfer of personal funds to
the candidate's campaign committee for its expenditure on behalf of the
candidate's campaign, but also the candidate's expenditure of these funds toward
the same end. Kaler v. Common Cause, 244 Ga. 838, 262 S.E.2d 132 (1979)
(decided under the former chapter).
For a
noncandidate, "contribution" includes not only the transfer of
personal and nonpersonal funds to the candidate or the candidate's campaign committee
for expenditure by them on behalf of the candidate's campaign, but also the
noncandidate's expenditure of these funds toward the same end. Kaler v. Common
Cause, 244 Ga. 838, 262 S.E.2d 132 (1979) (decided under the former chapter).
TRANSFER MAY COME
WITHIN DEFINITION OF "CONTRIBUTION". --A transfer that is a bribe as
defined in O.C.G.A. § 16-10-2 also may come within the definition of
"contribution" as contained in the third sentence of paragraph (6) of
O.C.G.A. § 21-5-3; the fact that such a transfer must be reported does not
change its character as a bribe. State v. Agan, 259 Ga. 541, 384 S.E.2d 863
(1989), cert. denied, 494 U.S. 1057, 110 S. Ct. 1526, 108 L. Ed. 2d 765
(1990).
PURCHASE OF MEDIA
PUBLICITY FOR A CANDIDATE IS A "CONTRIBUTION". Fortson v. Weeks, 232
Ga. 472, 208 S.E.2d 68 (1974) (decided under the former chapter).
PERSON
"PERSON"
DEFINITION NOT TOO VAGUE TO BE ENFORCED. --The terms used in defining
"person", when given a reasonable meaning and when the provisions
wherein they appear are given a reasonable construction, are not too vague to
be enforced. Fortson v. Weeks, 232 Ga. 472, 208 S.E.2d 68 (1974) (decided under
the former chapter).
Research References & Practice Aids
ADMINISTRATIVE RULES AND
REGULATIONS. --
Disclosure reports, Official Compilation of the Rules and
Regulations of the State of Georgia, State Ethics Commission, Chapter
189-3.
LAW REVIEWS. --
For article on 2005 amendment of this Code section, see 22
Ga. St. U. L. Rev. 119 (2005).
For note on 1992
amendment of this Code section, see 9 Ga. St. U. L. Rev. 247 (1992).
OPINIONS OF THE ATTORNEY
GENERAL
ANALYSIS
GENERAL CONSIDERATION
CAMPAIGN COMMITTEE
POLITICAL ACTION
COMMITTEE IS NOT A CAMPAIGN COMMITTEE. --A political action committee does not
constitute a campaign committee, as contemplated under O.C.G.A. § 21-5-3,
because it neither accepts contributions nor makes expenditures designated to
bring about the nomination or election of an individual to any elected office.
1987 Op. Att'y Gen. No. 87-18. (But see 1989 Op. Att'y Gen. No. 89-54).
CONTRIBUTIONS
WHEN A CANDIDATE
TRANSFERS PERSONAL FUNDS TO A CAMPAIGN COMMITTEE, it is a
"contribution" and it should be reported. 1979 Op. Att'y Gen. No.
79-24 (decided under the former chapter).
PERSONS WHO COSIGN
NOTES AS SURETIES ON LOANS TO CANDIDATES for their campaigns are
"contributors", and the amount of the loan must be included in the
campaign financing disclosure report if it exceeds $101.00. 1974 Op. Att'y Gen.
No. 74-102 (decided under the former chapter).
SOCIAL FUNCTION
SPONSORED BY A POLITICAL ACTION COMMITTEE may constitute a reportable
contribution and/or a reportable expenditure under O.C.G.A. T. 21, Ch. 5,
depending upon the purpose of the social function sponsored by the political
action committee. 1989 Op. Att'y Gen. No. 89-47.
"VALUE" OF
ATTENDANCE OF AN ELECTED OFFICIAL AT AN EVENT SPONSORED BY A PUBLIC OR PRIVATE
ENTITY is not required to be reported where the purpose of the appearance is
not designed to bring about the nomination or election of the official. 1997
Op. Att'y Gen. No. U97-1.
OFFICERS REQUIRED TO
FILE DISCLOSURE REPORTS. --Executive directors and members of state examining
boards, as well as other public officers defined in O.C.G.A. § 21-5-3(15), must
file financial disclosure reports required under the Financial Disclosure Act,
O.C.G.A. T. 21, Ch. 5. 1997 Op. Att'y Gen. No. 97-18.
PERSON
ORGANIZATION
COLLECTING MONEY FROM CANDIDATES TO SPEND ON POLITICAL ACTIVITIES. --An
organization that would collect money from candidates, which it would then
spend on political activities on behalf of candidates, regardless of its
precise legal structure, would be a "person". 1979 Op. Att'y Gen. No.
U79-18 (decided under the former chapter).
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-5-9
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 5. ETHICS IN GOVERNMENT > ARTICLE 1. GENERAL PROVISIONS
§ 21-5-9. Penalties
Except
as otherwise provided in this chapter, any person who knowingly fails to comply
with or who knowingly violates this chapter shall be guilty of a misdemeanor.
The provisions of this Code section shall not preclude prosecution and
punishment for the commission of any felony offense as otherwise provided by
law.
History
Code 1981, § 21-5-9, enacted by Ga. L. 1986, p. 957, § 1; Ga. L. 1987, p. 297, § 7; Ga. L. 1988, p. 603, § 8; Ga. L. 1989, p. 10, § 1; Ga. L. 2016, p. 173, § 6/SB 199.
Annotations
Case Notes
JUDICIAL DECISIONS
VENUE. --When the defendants were indicted under O.C.G.A. § 21-5-9 for failing to file documents with the State Ethics Commission under O.C.G.A. § 21-5-34, venue was in the county where the commission was exclusively located; the place fixed for performance of the required act fixed the situs of the alleged crime. McKinney v. State, 282 Ga. 230, 647 S.E.2d 44 (2007).
Research References & Practice Aids
LAW REVIEWS. --
For survey article on local government law, see 60 Mercer L. Rev. 263 (2008).
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-5-5
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 5. ETHICS IN GOVERNMENT > ARTICLE 1. GENERAL PROVISIONS
§ 21-5-5. Operating expenses
The
funds necessary to carry out this chapter shall come from the funds
appropriated to and available to the commission and from any other available
funds. The commission shall be a budget unit as defined in Part 1 of Article 4
of Chapter 12 of Title 45, the "Budget Act"; provided, however, that
the commission shall be assigned for administrative purposes only to the
Secretary of State.
History
Code 1981, § 21-5-5, enacted by Ga. L. 1986, p. 957, § 1; Ga. L. 2005, p. 859, § 4/HB 48; Ga. L. 2010, p. 1173, § 4/SB 17.
Annotations
Notes
EDITOR'S NOTES. --
Ga. L. 2005, p. 859, § 28/HB 48, not codified by the General Assembly, provides that the Act shall not apply to any violation occurring prior to January 9, 2006.
Ga. L. 2010, p. 1173, § 1/SB 17, not codified by the General Assembly, provides: "This Act shall be known and may be cited as the 'Georgia Government Transparency and Campaign Finance Act of 2010.'"
Ga. L. 2010, p. 1173, § 30/SB 17, not codified by the General Assembly, provides, in part, that the amendment to this Code section applies to all reports filed on and after January 10, 2011.
Research References & Practice Aids
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-5-7.1
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 5. ETHICS IN GOVERNMENT
> ARTICLE 1. GENERAL PROVISIONS
§ 21-5-7.1. Technical defects in filings; determination;
notice to the subject of the complaint and opportunity to correct the defect;
administrative fee; dismissal of complaints where best efforts have been made
to complete a filing
The
commission shall adopt rules which shall provide that:
(1) Upon
the commission's receipt of a complaint, a determination shall be made as to
whether the complaint relates to a technical defect in a filing. For this
purpose, a technical defect shall include, but not be limited to, a defect such
as an incorrect date or a failure to include a date, an incorrect contributor's
occupation or a failure to include a contributor's occupation, an incorrect
address or e-mail address or a failure to include an address or e-mail address,
an incorrect employer or a failure to include an employer, accounting errors,
or any other similar defects;
(2) When
the commission determines that a complaint relates to a technical defect in a
filing, the subject of the complaint shall be issued a notice of the technical
defect by certified mail, return receipt requested, or statutory overnight
delivery and shall be given a period of 30 calendar days from the receipt of
the notice to correct the technical defect. During the 30 day period the
complaint shall be considered as received by the commission but not yet filed
with the commission and shall not be considered a violation of this chapter. If
during the 30 day period the technical defect is cured by an amended filing or
otherwise, or if during the 30 day period the subject of the complaint
demonstrates that there is no technical defect as alleged, the complaint shall
be disposed of without filing or further proceedings and no penalty shall be
imposed. If the subject of the complaint fails to respond to the notice of a
technical defect, make an amended filing, or demonstrate that there is no
technical defect as alleged by the thirty-first day, the commission shall
impose and collect an administrative fee not to exceed $50.00 per technical
defect. For the purposes of the penalties imposed by this paragraph, the same
error or inaccurate entry shall be considered a single technical violation if
the error or inaccurate entry appears multiple times on a single report or
causes further errors or inaccurate entries in that report or in any future
reports;
(3) If
the subject of the complaint does not pay the administrative fee required by
paragraph (2) of this Code section, if any, and does not otherwise also comply
with paragraph (2) of this Code section by the sixtieth day from the receipt of
the notice of a technical defect, the commission shall conduct further
investigation and the complaint may proceed further in accordance with the
provisions of this chapter; and
(4) When
the commission determines in its discretion that best efforts have been made to
complete a required filing, said filing shall be considered in compliance with
this Code section and any complaint relative to said filing shall be dismissed.
History
Code
1981, § 21-5-7.1, enacted by Ga. L.
2005, p. 859, § 7/HB 48; Ga. L. 2010,
p. 1173, § 6/SB 17.
Annotations
Notes
EDITOR'S NOTES. --
Ga. L. 2005, p. 859,
§ 28/HB 48, not codified by the General Assembly, provides that the Act shall
not apply to any violation occurring prior to January 9, 2006.
Ga. L. 2010, p. 1173, § 1/SB 17, not
codified by the General Assembly, provides: "This Act shall be known and
may be cited as the 'Georgia Government Transparency and Campaign Finance Act
of 2010.'"
Ga. L. 2010, p. 1173, § 30/SB 17, not
codified by the General Assembly, provides, in part, that the amendment to this
Code section applies to all reports filed on and after January 10, 2011.
Research References & Practice Aids
LAW REVIEWS. --
For article on the 2005 enactment of this Code section, see
22 Ga. St. U. L. Rev. 119 (2005).
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-5-10
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 5. ETHICS IN GOVERNMENT > ARTICLE 1. GENERAL PROVISIONS
§ 21-5-10. Chapter as continuation of laws; effect of
enactment
The
provisions of this chapter, so far as they are the same as those of existing
laws, are intended as a continuation of such laws and not as new enactments.
The repeal by this chapter of any Act of the General Assembly, or part thereof,
shall not revive any Act, or part thereof, heretofore repealed or superseded.
This chapter shall not affect any act done, liability or penalty incurred, or
right accrued or vested prior to the taking effect of this chapter; nor shall
this chapter affect any actions or prosecution then pending, or to be
instituted, to enforce any right or penalty then accrued or to punish any offense
theretofore committed.
History
Code 1981, § 21-5-10, enacted by Ga. L. 1987, p. 297, § 8.
Annotations
Research References & Practice Aids
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
OFFICIAL CODE OF GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-5-7
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 5. ETHICS IN GOVERNMENT > ARTICLE 1. GENERAL PROVISIONS
§ 21-5-7. Initiation of complaints
The
commission shall not initiate any investigation or inquiry into any matter under
its jurisdiction based upon the complaint of any person unless that person
shall produce the same in writing and verify the same under oath to the best
information, knowledge, and belief of such person, the falsification of which
shall be punishable as false swearing under Code Section 16-10-71. The person
against whom any complaint is made shall be furnished by hand delivery or
statutory overnight delivery or mailed by certified mail, return receipt
requested, a copy of the complaint by the commission within two business days
of the commission's receipt of such complaint and prior to any other public
dissemination of such complaint. Nothing in this Code section, however, shall
be construed to limit or encumber the right of the commission to initiate on
probable cause an investigation on its own cognizance as it deems necessary to
fulfill its obligations under this chapter.
History
Code 1981, § 21-5-7, enacted by Ga. L. 1986, p. 957, § 1; Ga. L. 1987, p. 297, § 6; Ga. L. 2000, p. 1619, § 6; Ga. L. 2005, p. 859, § 6/HB 48.
Annotations
Notes
EDITOR'S NOTES. --
Ga. L. 2005, p. 859, § 28/HB 48, not codified by the General Assembly, provides that the Act shall not apply to any violation occurring prior to January 9, 2006.
Case Notes
JUDICIAL DECISIONS
EDITOR'S NOTES. --In light of the similarity of the statutory provisions, decisions decided under the former chapter are included in the annotations for this Code section.
UNCONSTITUTIONAL TO CONDUCT HEARING WITHOUT ALLOWING ACCUSED TO PARTICIPATE. --Due process is violated where the commission subpoenas witnesses, holds public hearings at which witnesses are interrogated, and ultimately issues a report, but all the while refusing to allow a request by the alleged violator to participate in the public hearings by cross examining witnesses, making objections, and presenting evidence. Caldwell v. Bateman, 252 Ga. 144, 312 S.E.2d 320 (1984) (decided under former chapter).
Research References & Practice Aids
LAW REVIEWS. --
For article on 2005 amendment of this Code section, see 22 Ga. St. U. L. Rev. 119 (2005).
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-5-8
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 5. ETHICS IN GOVERNMENT > ARTICLE 1. GENERAL PROVISIONS
§ 21-5-8. Venue
Venue
for prosecution of civil violations of this chapter or for any other action by
or on behalf of the commission shall be in the county of the residence of the
candidate or public officer at the time of the alleged violation or action.
History
Code 1981, § 21-5-8, enacted by Ga. L. 1986, p. 957, § 1.
Annotations
Research References & Practice Aids
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-5-6
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 5. ETHICS IN GOVERNMENT
> ARTICLE 1. GENERAL PROVISIONS
§ 21-5-6. Powers and duties of the commission
(a) The
commission is vested with the following powers:
(1) To
meet at such times and places as it may deem necessary;
(2) To
contract with other agencies, public or private, or persons as it deems
necessary for the rendering and affording of such services, facilities,
studies, and reports to the commission as will best assist it to carry out its
duties and responsibilities;
(3) To
cooperate with and secure the cooperation of every department, agency, or
instrumentality in the state government or its political subdivisions in the
furtherance of the purposes of this chapter;
(4) To
employ an executive secretary and such additional staff as the commission deems
necessary to carry out the powers delegated to the commission by this
chapter;
(5) To
issue subpoenas to compel any person to appear, give sworn testimony, or
produce documentary or other evidence;
(6) To
institute and prosecute actions in the superior courts, in its own name,
seeking to enjoin or restrain any violation or threatened violation of this
chapter;
(7) To
adopt in accordance with Chapter 13 of Title 50, the "Georgia
Administrative Procedure Act," any rules and regulations necessary and
appropriate for carrying out the purposes of this chapter; provided, however,
that the commission shall not require the reporting or disclosure of more
information on any report than is expressly required to be reported or
disclosed by this chapter, unless such information was required to be reported
or disclosed by rules and regulations of the commission which were in effect as
of January 1, 2013, so long as such rules and regulations do not conflict with
this chapter; and
(8) To
do any and all things necessary or convenient to enable it to perform wholly
and adequately its duties and to exercise the powers specifically authorized to
it in this chapter.
(b) The
commission shall have the following duties:
(1) To
prescribe forms to be used in complying with this chapter;
(2) To
prepare and publish in print or electronically a manual setting forth
recommended uniform methods of accounting and reporting for use by persons
required by this chapter to file statements and reports;
(3) To
accept and file any information voluntarily supplied that exceeds the
requirements of this chapter;
(4) To
develop a filing, coding, and cross-indexing system consonant with the purposes
of this chapter;
(5) To
adopt a retention standard for records of the commission in accordance with
Article 5 of Chapter 18 of Title 50, the "Georgia Records Act";
(6) To
prepare and publish in print or electronically such other reports and technical
studies as in its judgment will tend to promote the purposes of this
chapter;
(7) To
provide for public dissemination of such summaries and reports;
(8) To
determine whether the required statements and reports have been filed and, if
so, whether they conform to the requirements of this chapter;
(9) To
make investigations, subject to the limitations contained in Code Section
21-5-7.1, with respect to the statements and reports filed under this chapter
and with respect to alleged failure to file any statements or reports required
under this chapter and upon receipt of the written complaint of any person,
verified under oath to the best information, knowledge, and belief by the
person making such complaint with respect to an alleged violation of any
provision of this chapter, provided that nothing in this Code section shall be
construed to limit or encumber the right of the commission to initiate on probable
cause an investigation on its own cognizance as it deems necessary to fulfill
its obligations under this chapter;
(10) (A)
To conduct a preliminary investigation, subject to the limitations contained in
Code Section 21-5-7.1, of the merits of a written complaint by any person who
believes that a violation of this chapter has occurred, verified under oath to
the best information, knowledge, and belief by the person making such
complaint. If there are found no reasonable grounds to believe that a violation
has occurred, the complaint shall be dismissed, subject to being reopened upon
discovery of additional evidence or relevant material. If the commission
determines that there are such reasonable grounds to believe that a violation
has occurred, it shall give notice by summoning the persons believed to have
committed the violation to a hearing. The hearing shall be conducted in all
respects in accordance with Chapter 13 of Title 50, the "Georgia
Administrative Procedure Act." The commission may file a complaint
charging violations of this chapter, and any person aggrieved by the final
decision of the commission is entitled to judicial review in accordance with
Chapter 13 of Title 50; provided, however, that nothing in this Code section
shall be construed to limit or encumber the right of the commission to initiate
on probable cause an investigation on its own cognizance as it deems necessary
to fulfill its obligations under this chapter.
(B) In any such preliminary
investigation referenced in subparagraph (A) of this paragraph, until such time
as the commission determines that there are reasonable grounds to believe that
a violation has occurred, it shall not be necessary to give the notice by
summons nor to conduct a hearing in accordance with Chapter 13 of Title 50, the
"Georgia Administrative Procedure Act";
(11) To
report suspected violations of law to the appropriate law enforcement
authority;
(12) To
investigate upon a written complaint any illegal use of public employees in a
political campaign by any candidate;
(13) To
issue, upon written request, and publish in print or electronically written
advisory opinions on the requirements of this chapter, based on a real or
hypothetical set of circumstances; and each such written advisory opinion shall
be issued within 60 days of the written request for the advisory opinion. The
commission shall make all advisory opinions that were issued after January 9,
2006, publicly available for review and shall post these and all future
opinions on the commission's website, and the commission shall make all
advisory opinions that were issued prior to January 9, 2006, publicly available
for review and shall post these opinions on the commission's website. No
liability shall be imposed under this chapter for any act or omission made in
conformity with a written advisory opinion issued by the commission that is
valid at the time of the act or omission;
(14) To
issue orders, after the completion of appropriate proceedings, directing
compliance with this chapter or prohibiting the actual or threatened commission
of any conduct constituting a violation. Such order may include a provision
requiring the violator:
(A) To cease and desist from committing
further violations;
(B) To make public complete statements,
in corrected form, containing the information required by this chapter;
(i) Except as provided in paragraph (2)
of Code Section 21-5-7.1, to pay a civil penalty not to exceed $1,000.00 for
each violation contained in any report required by this chapter or for each
failure to comply with any other provision of this chapter or of any rule or
regulation promulgated under this chapter; provided, however, that a civil
penalty not to exceed $10,000.00 may be imposed for a second occurrence of a
violation of the same provision and a civil penalty not to exceed $25,000.00
may be imposed for each third or subsequent occurrence of a violation of the same
provision. In imposing a penalty or late filing fee under this chapter, the
commission may waive or suspend such penalty or fee if the imposition of such
penalty or fee would impose an undue hardship on the person required to pay
such penalty or fee. The commission may also waive or suspend a penalty or fee
in the case of failure to file or late filing of a report if there are no items
to be included in the report. For the purposes of the penalties imposed by this
division, the same error, act, omission, or inaccurate entry shall be
considered a single violation if the error, act, omission, or inaccurate entry
appears multiple times on the same report or causes further errors, omissions,
or inaccurate entries in that report or in any future reports or further
violations in that report or in any future reports.
(ii) A civil penalty shall not be
assessed except after notice and hearing as provided by Chapter 13 of Title 50,
the "Georgia Administrative Procedure Act." The amount of any civil
penalty finally assessed shall be recoverable by a civil action brought in the name
of the commission. All moneys recovered pursuant to this Code section shall be
deposited in the state treasury.
(iii) The Attorney General of this state
shall, upon complaint by the commission, or may, upon the Attorney General's
own initiative if after examination of the complaint and evidence the Attorney
General believes a violation has occurred, bring an action in the superior
court in the name of the commission for a temporary restraining order or other
injunctive relief or for civil penalties for a violation of any provision of
this chapter or any rule or regulation duly issued by the commission.
(iv) Any action brought by the Attorney
General to enforce civil penalties for a violation of the provisions of this
chapter or of any rule or regulation duly issued by the commission or any order
issued by the commission ordering compliance or to cease and desist from
further violations shall be brought in the superior court of the county of the
residence of the party against whom relief is sought. Service of process shall
lie in any jurisdiction within the state. In such actions, the superior court
inquiry shall be limited to whether notice was given by the commission to the
violator in compliance with the Constitution and the rules of procedure of
Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."
Upon satisfaction that notice was given and a hearing was held pursuant to
Chapter 13 of Title 50, the "Georgia Administrative Procedure Act,"
the superior court shall enforce the orders of the commission and the civil
penalties assessed under this chapter and the superior court shall not make
independent inquiry as to whether the violations have occurred.
(v) In any action brought by the
Attorney General to enforce any of the provisions of this chapter or of any
rule or regulation issued by the commission, the judgment, if in favor of the
commission, shall provide that the defendant pay to the commission the costs,
including reasonable attorneys' fees, incurred by the commission in the
prosecution of such action.
The commission shall make all such orders
that were issued after January 9, 2006, publicly available for review and shall
post these and all future orders on the commission's website, and the
commission shall make all advisory orders that were issued prior to January 9,
2006, publicly available for review and shall post these orders on the
commission's website. Such orders shall serve as precedent for all future
orders and opinions of the commission;
(15) To
make public its conclusion that a violation has occurred and the nature of such
violation;
(16) To
petition the superior court within the county where the hearing was or is being
conducted for the enforcement of any order issued in connection with such
hearing;
(17) To
report to the General Assembly and the Governor at the close of each fiscal
year concerning the action taken during that time, the names, salaries, and
duties of all individuals employed, and the funds disbursed and to make such
further report on the matters within its jurisdiction as may appear
desirable;
(18) To
carry out the procedures, duties, and obligations relative to the commission
set forth in this chapter;
(19) On
a quarterly basis, to prepare, update, and publish in print or electronically a
report and post such report on its website, listing the name of each filer
required to file with the commission who has not filed the most recent campaign
contribution disclosure report required by Code Sections 21-5-34 and 21-5-34.1,
the financial disclosure statement required by Code Section 21-5-50, or the
disclosure report required by Code Section 21-5-73 within 30 days of the date
such report was due to be filed;
(20) To
publish in print or electronically overall lobbyist spending by category. Such
categories shall include gifts, meals, entertainment, office supplies, lodging,
equipment, advertising, travel, and postage;
(21) To
promulgate rules and regulations with respect to electronic filings;
(22) To
provide and conduct semiannual training on the mechanics of electronic filing
and registration;
(23) To
award attorneys' fees to the party complained against if the commission deems
the complaint to be frivolous, legally or factually, or if the complaining
party fails, without good cause, to appear at the preliminary hearing on the
complaint; and
(24) To
issue a warning letter to persons who have not filed any statement or report
required by this chapter.
History
Code
1981, § 21-5-6, enacted by Ga. L. 1986, p. 957, § 1; Ga. L. 1987, p. 297, §§ 4,
5; Ga. L. 1992, p. 56, § 1; Ga. L.
2005, p. 859, § 5/HB 48; Ga. L. 2006,
p. 69, § 1/SB 467; Ga. L. 2009, p. 620,
§ 1/SB 168; Ga. L. 2010, p. 838, §
10/SB 388; Ga. L. 2010, p. 1173, § 5/SB
17; Ga. L. 2011, p. 19, § 1/HB
232; Ga. L. 2011, p. 590, § 1/HB
143; Ga. L. 2013, p. 173, § 1/HB
143; Ga. L. 2013, p. 540, § 1/HB 142.
Annotations
Notes
EDITOR'S NOTES. --
Ga. L. 2005, p. 859,
§ 28/HB 48, not codified by the General Assembly, provides that the Act shall
not apply to any violation occurring prior to January 9, 2006.
Ga. L. 2010, p. 1173, § 1/SB 17, not
codified by the General Assembly, provides: "This Act shall be known and
may be cited as the 'Georgia Government Transparency and Campaign Finance Act
of 2010.'"
Ga. L. 2010, p. 1173, § 30/SB 17, not
codified by the General Assembly, provides, in part, that the amendment to this
Code section applies to all reports filed on and after January 10, 2011.
Ga. L. 2011, p. 19, § 10/HB 232, not
codified by the General Assembly, provides: "This Act shall become
effective upon its approval by the Governor or upon its becoming law without
such approval. It is the express intention of the General Assembly that this
Act be applied retroactively to January 10, 2011, as well as
prospectively." This Act became effective March 15, 2011.
EDITOR'S NOTES. --
In light of the similarity of the statutory provisions,
opinions decided under the former chapter are included in the annotations for
this Code section.
Case Notes
JUDICIAL DECISIONS
COMMISSION'S FINDING
OF REASONABLE GROUNDS FOR VIOLATION NOT APPEALABLE. --Candidate had not shown
irreparable harm justifying immediate appeal to the superior court under
O.C.G.A. § 50-13-19(a) from an interim decision of the Georgia Government
Transparency and Campaign Finance Commission because judicial review would be
available after the final decision; the charges had been pending over eight
years and alleged damage to the candidate's reputation was not irreparable
harm. Oxendine v. Gov't Transparency & Campaign Fin. Comm'n, 341 Ga. App.
901, 802 S.E.2d 310 (2017).
ATTORNEYS' FEES.
--The superior court erred in failing to award attorneys' fees to the
commission after the commission prevailed in an enforcement action under the
Ethics in Government Act, O.C.G.A. § 21-5-1 et seq. State Ethics Comm'n v.
Long, 223 Ga. App. 621, 478 S.E.2d 618 (1996).
Research References & Practice Aids
ADMINISTRATIVE RULES AND
REGULATIONS. --
Organization, Official Compilation of the Rules and
Regulations of the State of Georgia, State Ethics Commission, Chapter
189-1.
LAW REVIEWS. --
For article on the 2013 amendment of this Code section, see
30 Ga. St. U. L. Rev. 129 (2013).
OPINIONS OF THE ATTORNEY
GENERAL
ACTIVITIES
CONSTITUTING "MEETING" WITHIN MEANING OF OPEN MEETINGS LAW. --The
activities conducted in accordance with O.C.G.A. § 21-5-6(b)(10)(A), including
convening a quorum to hear testimony, taking evidence, considering arguments of
the parties, deliberating, and imposing penalties, constitute a
"meeting" within the meaning of the Open Meetings Law, O.C.G.A. §
50-14-1 et seq. Accordingly, the commission must conduct all of these
activities regarding the resolution of a contested case in accordance with the
dictates of the Open Meetings Law. 1989 Op. Att'y Gen. No. 89-6.
RECUSAL MOTION.
--The commission acting as a body, or through an individual member of the
commission, has no express or implied statutory authority to rule on a motion
to recuse one of its members; rather, the member against whom the recusal
motion is filed must determine, in light of O.C.G.A. § 45-10-3, whether he or
she should voluntarily abstain. 1989 Op. Att'y Gen. 89-9.
COMMISSION IS NOT
AUTHORIZED TO GRANT EXEMPTIONS FROM REPORTING AND DISCLOSURE REQUIREMENTS OF
CHAPTER. 1977 Op. Att'y Gen. No. 77-85 (decided under the former chapter).
INVESTIGATION OF
POSSIBLE RETROSPECTIVE VIOLATIONS. --The commission was authorized to
investigate possible violations of the former chapter whether or not the
questioned acts occurred prior to the commission's existence. 1976 Op. Att'y
Gen. No. 76-52 (decided under the former chapter).
TWO-YEAR MISDEMEANOR
STATUTE OF LIMITATIONS INAPPLICABLE TO INVESTIGATIONS. --Investigative powers
of Campaign and Financial Disclosure Commission (now State Ethics Commission)
not barred by two-year misdemeanor statute of limitations. 1981 Op. Att'y Gen.
No. 81-102 (decided under the former chapter).
IDENTIFYING PERSONS
NOT FILING TIMELY FINANCIAL DISCLOSURE STATEMENTS. --While there is no
statutory authority to compel local filing officers to report candidates or
public officers who have not timely filed their financial disclosure statements,
O.C.G.A. T. 21, Ch. 5 requires the Ethics Commission to identify such persons.
1987 Op. Att'y Gen. No. 87-26.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-5-14
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 5. ETHICS IN GOVERNMENT > ARTICLE 1. GENERAL PROVISIONS
§ 21-5-14. E-mail address reporting requirements; exceptions
(a) Except
as provided in subsection (b) of this Code section, each individual required by
this chapter to file a report or disclosure statement with the commission shall
provide the commission, in writing, with a current e-mail address and shall
advise the commission, in writing, of any change to such address within ten
days of any change to such address. Such information shall be provided to the
commission prior to January 31 each year.
(b) City,
county, and school board officials are not required to provide an e-mail
address to the commission.
History
Code
1981, § 21-5-14, enacted by Ga. L.
2010, p. 1173, § 9/SB 17; Ga. L. 2011,
p. 19, § 2/HB 232.
Annotations
Notes
EDITOR'S NOTES. --
Ga. L. 2010, p.
1173, § 1/SB 17, not codified by the General Assembly, provides: "This Act
shall be known and may be cited as the 'Georgia Government Transparency and
Campaign Finance Act of 2010.'"
Ga. L. 2010, p. 1173, § 30/SB 17, not
codified by the General Assembly, provides, in part, that this Code section
applies to all reports filed on and after January 10, 2011.
Ga. L. 2011, p. 19, § 10/HB 232, not
codified by the General Assembly, provides: "This Act shall become
effective upon its approval by the Governor or upon its becoming law without
such approval. It is the express intention of the General Assembly that this
Act be applied retroactively to January 10, 2011, as well as
prospectively." This Act became effective March 15, 2011.
Research References & Practice Aids
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. TITLE 21 Chapter 5 Article 2
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 5. ETHICS IN GOVERNMENT > ARTICLE 2. CAMPAIGN CONTRIBUTIONS
TITLE 21 Chapter 5 Article 2 NOTE
Annotations
Notes
EDITOR'S NOTES. --
In light of the similarity of the statutory provisions, opinions decided under the former chapter are included in the annotations to this article.
ARTICLE NOTES
ADMINISTRATIVE RULES AND REGULATIONS. --Disclosure reports, Official Compilation of the Rules and Regulations of the State of Georgia, State Ethics Commission, Chapter 189-3.
Committees, Official Compilation of the Rules and Regulations of the State of Georgia, State Ethics Commission, Chapter 189-4.
Disposition of contributions, Official Compilation of the Rules and Regulations of the State of Georgia, State Ethics Commission, Chapter 189-5.
Campaign contributions, Official Compilation of the Rules and Regulations of the State of Georgia, State Ethics Commission, Chapter 189-6.
Research References & Practice Aids
LAW REVIEWS. --
For annual survey on administrative law, see 66 Mercer L. Rev. 1 (2014).
OPINIONS OF THE ATTORNEY GENERAL
CANDIDATES FOR COUNTY EDUCATION BOARD. --The members of a county board of education are county officers and candidates for these offices were subject to the requirements of the former chapter. 1975 Op. Att'y Gen. No. 75-129 (decided under former chapter).
CHAPTER NOT APPLICABLE TO LEGISLATOR'S ATTEMPT TO BE ELECTED HOUSE SPEAKER PRO TEM. --The former chapter did not mention and therefore does not apply to contributions and expenditures made in connection with a legislator's attempt to be elected speaker pro tem of the Georgia House of Representatives. 1976 Op. Att'y Gen. No. 76-100 (decided under former chapter).
CORPORATE CONTRIBUTION TO CAMPAIGN OF INCUMBENT STATE CANDIDATE. --Nothing in any provision of the former chapter prohibited a corporate contribution to the election or reelection campaign of an incumbent candidate for state office. 1975 Op. Att'y Gen. No. 75-143 (decided under former chapter).
ADMINISTRATION COSTS OF EMPLOYEE PARTICIPATION PLAN. --The payment by a corporation of the cost of the administration of an employee participation plan established pursuant to 11 C.F.R. § 114.11, which is a political giving program, was not subject to the disclosure provisions of the former Campaign and Financial Disclosure Act. 1984 Op. Att'y Gen. No. 84-11 (decided under former chapter).
CANDIDATE SHOULD KEEP RECORDS FOR A MINIMUM PERIOD OF FOUR YEARS. --Prudence would seem to dictate that the candidate who in good faith is attempting to comply with all aspects of the former chapter should keep the candidate's records as evidence for a minimum period of four years from the date of the last contribution or expenditure made in connection with the campaign. 1976 Op. Att'y Gen. No. 76-108 (decided under former chapter).
ALR. --
Constitutionality and construction of statutes respecting political contributions or other political activities by labor organizations, 167 A.L.R. 1465.
Power of corporation to make political contribution or expenditure under state law, 79 A.L.R.3d 491.
State regulation of the giving or making of political contributions or expenditures by private individuals, 94 A.L.R.3d 944.
Constitutional validity of state or local regulation of contributions by or to political action committees. 24 A.L.R.6th 179.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-5-11
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 5. ETHICS IN GOVERNMENT
> ARTICLE 1. GENERAL PROVISIONS
§ 21-5-11. Acceptance by public officers of monetary fees or
honoraria
(a) No
public officer other than a public officer elected state wide shall accept a
monetary fee or honorarium in excess of $100.00 for a speaking engagement,
participation in a seminar, discussion panel, or other activity which directly
relates to the official duties of that public officer or the office of that
public officer.
(b) No
public officer elected state wide shall accept any monetary fee or honorarium
for a speaking engagement, participation in a seminar, discussion panel, or
other such activity.
(c) For
purposes of this chapter, actual and reasonable expenses for food, beverages,
travel, lodging, and registration for a meeting which are provided to permit
participation in a panel or speaking engagement at the meeting shall not be
monetary fees or honoraria.
History
Code
1981, § 21-5-11, enacted by Ga. L. 1992, p. 1075, § 3; Ga. L. 2010, p. 1173, § 7/SB 17.
Annotations
Notes
EDITOR'S NOTES. --
Ga. L. 2010, p.
1173, § 1/SB 17, not codified by the General Assembly, provides: "This Act
shall be known and may be cited as the 'Georgia Government Transparency and
Campaign Finance Act of 2010.'"
Ga. L. 2010, p. 1173, § 30/SB 17, not
codified by the General Assembly, provides, in part, that the amendment to this
Code section applies to all reports filed on and after January 10, 2011.
Research References & Practice Aids
LAW REVIEWS. --
For note on the 1992 enactment of this Code section, see 9
Ga. St. U. L. Rev. 247 (1992).
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-5-12
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 5. ETHICS IN GOVERNMENT
> ARTICLE 1. GENERAL PROVISIONS
§ 21-5-12. Connected organizations
(a) The
name of each political action committee shall include the name of its connected
organization.
(b) The
name of any separate segregated fund, as defined in Code Section 21-5-40, shall
include the name of its connected organization.
History
Code
1981, § 21-5-12, enacted by Ga. L. 1994, p. 258, § 1; Ga. L. 2005, p. 859, § 8/HB 48.
Annotations
Notes
EDITOR'S NOTES. --
Ga. L. 2005, p. 859,
§ 28/HB 48, not codified by the General Assembly, provides that the Act shall
not apply to any violation occurring prior to January 9, 2006.
Research References & Practice Aids
LAW REVIEWS. --
For article on the 2005 amendment of this Code section, see
22 Ga. St. U. L. Rev. 119 (2005).
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-5-15
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 5. ETHICS IN GOVERNMENT > ARTICLE 1. GENERAL PROVISIONS
§ 21-5-15. Notice to local officials regarding certain
actions to be given by certified mail or statutory overnight delivery
When
the commission gives notice to a local official referred to in subparagraph (F)
or (G) of paragraph (22) of Code Section 21-5-3 of any of the actions listed in
this Code section, such notice shall be given by certified mail or statutory
overnight delivery. This Code section shall apply with respect to any notice
of: the filing of a complaint; a technical defect in a filing; a failure to
make a timely filing; or a late fee or other penalty.
History
Code 1981, § 21-5-15, enacted by Ga. L. 2011, p. 19, § 3/HB 232.
Annotations
Notes
EDITOR'S NOTES. --
Ga. L. 2011, p. 19, § 10/HB 232, not codified by the General Assembly, provides: "This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. It is the express intention of the General Assembly that this Act be applied retroactively to January 10, 2011, as well as prospectively." This Act became effective March 15, 2011.
Research References & Practice Aids
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-5-13
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 5. ETHICS IN GOVERNMENT
> ARTICLE 1. GENERAL PROVISIONS
§ 21-5-13. Limitation of actions
Any
action alleging a violation of this chapter shall be commenced within three
years after the date of filing of the first report containing the alleged
violation; provided, however, that any action alleging a violation of this
chapter shall be commenced within five years after the date of filing of the
first report containing the alleged violation involving any person elected to
serve for a term of four or more years or any candidate for an office with a
term of four or more years. For purposes of this Code section, an action shall
be deemed to have commenced against a person only when either:
(1) A
complaint has been accepted by the commission in compliance with Code Section
21-5-7; or
(2) The
commission or Attorney General serves on such person a notice of summons or
hearing, in accordance with Chapter 13 of Title 50, the "Georgia
Administrative Procedure Act," that alleges that such person has violated
this chapter.
History
Code
1981, § 21-5-13, enacted by Ga. L.
2005, p. 859, § 9/HB 48; Ga. L. 2006,
p. 69, § 1/SB 467; Ga. L. 2010, p.
1173, § 8/SB 17.
Annotations
Notes
EDITOR'S NOTES. --
Ga. L. 2005, p. 859,
§ 28/HB 48, not codified by the General Assembly, provides that the Act shall
not apply to any violation occurring prior to January 9, 2006.
Ga. L. 2010, p. 1173, § 1/SB 17, not
codified by the General Assembly, provides: "This Act shall be known and
may be cited as the 'Georgia Government Transparency and Campaign Finance Act
of 2010.'"
Ga. L. 2010, p. 1173, § 30/SB 17, not
codified by the General Assembly, provides, in part, that the amendment to this
Code section applies to all reports filed on and after January 10, 2011.
Research References & Practice Aids
LAW REVIEWS. --
For article on the 2005 enactment of this Code section, see
22 Ga. St. U. L. Rev. 119 (2005).
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-5-31
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 5. ETHICS IN GOVERNMENT > ARTICLE 2. CAMPAIGN CONTRIBUTIONS
§ 21-5-31. Contributions or expenditures other than through
candidate or committee; disclosure of extensions of credit
Reserved.
Repealed by Ga. L. 2005, p. 859, § 11/HB
48, effective January 9, 2006.
Annotations
Notes
EDITOR'S NOTES. --
This Code section was based on Code 1981, § 21-5-31, enacted by Ga. L. 1986, p. 957, § 1; Ga. L. 1987, p. 1431, § 1; Ga. L. 1988, p. 603, § 2; Ga. L. 1989, p. 790, § 1.
Research References & Practice Aids
LAW REVIEWS. --
For article on the 2005 repeal of this Code section, see 22 Ga. St. U. L. Rev. 119 (2005).
ALR. --
Construction and application of Supreme Court's holding in Citizens United v. Federal Election Com'n, 130 S. Ct. 876, 175 L. Ed. 2d 753, 187 L.R.R.M. (BNA) 2961, 159 Lab. Cas. (CCH) P 10166 (2010), that government may not prohibit independent and indirect corporate expenditures on political speech, 65 A.L.R.6th 503.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-5-34
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 5. ETHICS IN GOVERNMENT
> ARTICLE 2. CAMPAIGN CONTRIBUTIONS
§ 21-5-34. Disclosure reports
(a) (1)
(A) The candidate or the chairperson or treasurer of each campaign committee
organized to bring about the nomination or election of a candidate for any
office and the chairperson or treasurer of every campaign committee designed to
bring about the recall of a public officer or to oppose the recall of a public
officer or designed to bring about the approval or rejection by the voters of
any proposed constitutional amendment, state-wide proposed question, or
state-wide referendum shall electronically sign and file with the commission
the required campaign contribution disclosure reports; provided, however, that
public offices listed in subparagraph (F) or (G) of paragraph (22) of Code
Section 21-5-3 shall be subject to signing and filing requirements as prescribed
by paragraph (3) or (4) of this subsection, and recalls for such offices shall
be subject to signing and filing requirements the same as required of
candidates for such offices as prescribed by paragraph (3) or (4) of this
subsection.
(B) The
chairperson or treasurer of each independent committee shall file the required
disclosure reports with the commission.
(2) (A) Any campaign committee which
accepts contributions or makes expenditures designed to bring about the
approval or rejection by the voters of any proposed question which is to appear
on the ballot in this state shall register with the commission and file
campaign contribution disclosure reports as prescribed by this chapter or, in
the case of any proposed question which is to appear on the ballot in a county
or municipal election, shall register and file campaign disclosure reports with
the same officials as prescribed by paragraph (3) or (4) of this subsection for
candidates for county or municipal offices; provided, however, that such
reports shall only be required if such campaign committee has received
contributions which total more than $500.00 or if such campaign committee has
made expenditures which total more than $500.00. All advertising pertaining to
referendums shall identify the principal officer of such campaign committee by
listing or stating the name and title of the principal officer.
(B) If a campaign committee is required
to file a report with the commission under subparagraph (A) of this paragraph,
such report shall be electronically filed. Any such report shall be filed 15
days prior to the date of the election; and a final report shall be filed prior
to December 31 of the election year.
(3) A candidate for a public office
listed in subparagraph (F) of paragraph (22) of Code Section 21-5-3 or the
chairperson or treasurer of such candidate's campaign committee shall sign and
file the required disclosure reports with the election superintendent in the
county of election. Upon receipt of any such report, the election
superintendent shall cause such report to be available for inspection and
copying in accordance with Article 4 of Chapter 18 of Title 50. The election
superintendent shall transmit a copy of each such report to the commission,
electronically by eFiling or eFax, not later than 30 days after the end of the
grace period. No fine, fee, or sanction, including but not limited to
identifying a candidate as having filed late or failed to file, shall be
imposed by the commission on a candidate for the failure of the election
superintendent to timely transmit a copy of such report.
(4) A candidate for a public office
listed in subparagraph (G) of paragraph (22) of Code Section 21-5-3 or the
chairperson or treasurer of such candidate's campaign committee shall sign and
file the required disclosure reports with the municipal clerk in the
municipality of election or, if there is no clerk, with the chief executive
officer of the municipality; provided, however, that a municipality and a
county may enter into an agreement whereby such candidates, chairpersons, or
treasurers shall file the required disclosure reports with the county election
superintendent instead. Upon receipt of any such report, the municipal clerk,
chief executive officer of the municipality, or county election superintendent,
as applicable, shall cause such report to be available for inspection and
copying in accordance with Article 4 of Chapter 18 of Title 50. The municipal
clerk, chief executive officer of the municipality, or county election superintendent,
as applicable, shall transmit a copy of each such report to the commission,
electronically by eFiling or eFax, not later than 30 days after the end of the
grace period. No fine, fee, or sanction, including but not limited to
identifying a candidate as having filed late or failed to file, shall be
imposed by the commission on a candidate for the failure of the municipal
clerk, chief executive officer of the county, or county election superintendent
to timely transmit a copy of such report.
(b) (1)
All reports shall list the following:
(A) As
to any contribution of more than $100.00, its amount and date of receipt, the
election for which the contribution has been accepted and allocated, along with
the name and mailing address of the contributor, and, if the contributor is an
individual, that individual's occupation and the name of his or her employer.
Such contributions shall include, but shall not be limited to, the purchase of
tickets for events such as dinners, luncheons, rallies, and similar
fund-raising events coordinated for the purpose of raising campaign
contributions for the reporting person;
(B) As
to any expenditure of more than $100.00, its amount and date of expenditure,
the name and mailing address of the recipient receiving the expenditure, and,
if that recipient is an individual, that individual's occupation and the name
of his or her employer and the general purpose of the expenditure;
(C) When
a contribution consists of a loan, advance, or other extension of credit, the
report shall also contain the name of the lending institution or party making
the advance or extension of credit and the names, mailing addresses,
occupations, and places of employment of all persons having any liability for
repayment of the loan, advance, or extension of credit; and, if any such
persons shall have a fiduciary relationship to the lending institution or party
making the advance or extension of credit, the report shall specify such
relationship;
(D) Total
contributions received and total expenditures shall be reported for an election
cycle as follows:
(i) The first report filed after an
election year shall list the cash on hand brought forward from the previous
election cycle, if any, and the total contributions received during the period
covered by the report;
(ii) Subsequent reports shall list the
total contributions received during the period covered by the report and the
cumulative total of contributions received during the election cycle;
(iii) The first report filed after an
election year shall list the total expenditures made during the period covered
by the report;
(iv) Subsequent reports shall list the
total expenditures made during the period covered by the report, the cumulative
total of expenditures made during the election cycle, and net balance on hand;
and
(v) If a public officer seeks reelection
to the same public office, or if the public officer is a member of the General
Assembly seeking reelection in another district as a result of redistricting,
the net balance on hand at the end of the current election cycle shall be
carried forward to the first report filed after the election year;
(E) The
corporate, labor union, or other affiliation of any political action committee
or independent committee making a contribution of more than $100.00;
(F) Any investment made with funds of a
campaign committee, independent committee, or political action committee and
held outside such committee's official depository account during each reporting
period for which an investment exists or a transaction applying to an identifiable
investment is made. The report shall identify the name of the entity or person
with whom such investment was made, the initial and any subsequent amount of
such investment if such investment was made during the reporting period, and
any profit or loss from the sale of such investment which occurred during such
reporting period; and
(G) Total debt owed on the last day of
the reporting period.
(2) Each report shall be in such form as
will allow for the separate identification of a contribution or contributions
which are less than $100.00 but which become reportable due to the receipt of
an additional contribution or contributions which when combined with such
previously received contribution or contributions cumulatively equal or exceed
$100.00.
(c) Candidates
or campaign committees which accept contributions, make expenditures designed
to bring about the nomination or election of a candidate, or have filed a
declaration of intention to accept campaign contributions pursuant to
subsection (g) of Code Section 21-5-30 shall file campaign contribution
disclosure reports in compliance with the following schedule:
(1) In
each nonelection year:
(A) Candidates for public office and
public officers as defined in subparagraphs (A), (C), and (D) of paragraph (22)
of Code Section 21-5-3 shall file on January 31 and June 30.
(B) Candidates for public office and
public officers as defined in subparagraphs (B), (F), and (G) of paragraph (22)
of Code Section 21-5-3 shall file on June 30 and December 31;
(2) In
each election year:
(A) On January 31, April 30, June 30,
September 30, October 25, and December 31;
(B) Six days before any run-off primary
or election in which the candidate is listed on the ballot; and
(C) During the period of time between
the last report due prior to the date of any election for which the candidate
is qualified and the date of such election, all contributions of $1,000.00 or
more shall be reported within two business days of receipt and also reported on
the next succeeding regularly scheduled campaign contribution disclosure
report;
(3) If
the candidate is a candidate in a special primary or special primary runoff, 15
days prior to the special primary and six days prior to the special primary
runoff; and
(4) If
the candidate is a candidate in a special election or special election runoff,
15 days prior to the special election and six days prior to the special
election runoff.
All persons or entities required to file
reports shall have a five-day grace period in filing the required reports,
except that the grace period shall be two days for required reports prior to
run-off primaries or run-off elections, and no grace period shall apply to
contributions required to be reported within two business days. Reports
required to be filed within two business days of a contribution shall be reported
by facsimile or electronic transmission. Any facsimile filing shall also have
an identical electronic filing within five business days following the
transmission of such facsimile filing. Each report required in the election
year shall contain cumulative totals of all contributions which have been
received and all expenditures which have been made in support of the campaign
in question and which are required, or previously have been required, to be
reported.
(d) In
the event any candidate covered by this chapter has no opposition in either a
primary or a general election and receives no contribution of more than
$100.00, such candidate shall only be required to make the initial and final
report as required under this chapter.
(1) In the event a candidate for
nomination or election to a public office listed in subparagraph (F) or (G) of
paragraph (22) of Code Section 21-5-3 or the chairperson or treasurer of a
campaign committee organized to bring about the nomination or election of such
candidate signs and files with the appropriate official specified by paragraph
(3) or (4) of subsection (a) of this Code section a written notice that such
candidate or campaign committee does not intend to accept during such election
cycle a combined total of contributions exceeding $2,500.00 for the campaign
nor make a combined total of expenditures exceeding $2,500.00 for the campaign
in such election cycle, then such candidate or campaign committee shall not be
required to file a report under this Code section. The appropriate official
shall transmit an electronic copy of the written notice by eFiling or eFax to
the commission within ten days of receipt of such notice. The failure of the
appropriate official to timely transmit such copy of the written notice to the
commission shall not disqualify the candidate or campaign committee from the
exemption from report filing provided by this paragraph.
(2) If such candidate or campaign
committee exceeds the $2,500.00 limit for either accepting contributions or
making expenditures for such campaign during such election cycle as specified
in paragraph (1) of this subsection but does not accept a combined total of
contributions exceeding $5,000.00 in such election cycle nor make expenditures
exceeding $5,000.00 in such election cycle, then such candidate or campaign
committee shall be required to file only the June 30 and December 31 reports
required by paragraph (2) of subsection (c) of this Code section. The first
such report shall include all contributions received and expenditures made
beginning January 1 of such calendar year.
(3) If such candidate or campaign
committee accepts a combined total of contributions exceeding $5,000.00 or
makes expenditures exceeding $5,000.00 for such campaign during any such
election cycle, then such candidate or campaign committee chairperson or
treasurer shall thereupon be subject to the reporting requirements of this Code
section the same as if the written notice authorized by this subsection had not
been filed.
(e) Any
person who makes contributions to, accepts contributions for, or makes
expenditures on behalf of candidates, and any independent committee, shall file
a registration in the same manner as is required of campaign committees prior
to accepting or making contributions or expenditures. Such persons, other than
independent committees, shall also file campaign contribution disclosure
reports at the same times as required of the candidates they are supporting and
a December 31 campaign contribution disclosure report regardless of whether the
candidate they are supporting has a December 31 campaign contribution
disclosure report due. The following persons shall be exempt from the foregoing
registration and reporting requirements:
(1) Individuals
making aggregate contributions of $25,000.00 or less directly to candidates or
the candidates' campaign committees in one calendar year;
(2) Persons
other than individuals making aggregate contributions and expenditures to or on
behalf of candidates of $25,000.00 or less in one calendar year; and
(3) Contributors
who make contributions to only one candidate during one calendar year.
(f) (1)
Any independent committee which accepts contributions or makes expenditures for
the purpose of affecting the outcome of an election or advocates the election
or defeat of any candidate shall register with the commission prior to
accepting contributions or making expenditures and shall file disclosure
reports as follows:
(A) On the first day of each of the two
calendar months preceding any such election;
(B) Two weeks prior to the date of such
election; and
(C) Within the two-week period prior to
the date of such election the independent committee shall report within two
business days any contributions or expenditure of more than $1,000.00.
The independent committee shall file a final
report prior to December 31 of the election year and shall file supplemental
reports on June 30 and December 31 of each year that such independent committee
continues to accept contributions or make expenditures.
(2) Reports filed by independent
committees shall list the following:
(A) The amount and date of receipt,
along with the name, mailing address, occupation, and employer of any person
making a contribution of more than $100.00;
(B) The name, mailing address,
occupation, and employer of any person to whom an expenditure or provision of
goods or services of the value of more than $100.00 is made and the amount,
date, and general purpose thereof, including the name of the candidate or
candidates, if any, on behalf of whom, or in support of or in opposition to
whom, the expenditure or provision was made;
(C) Total expenditures made as
follows:
(i) Expenditures shall be reported for the
applicable reporting year;
(ii) The first report of a reporting year
shall list the total expenditures made during the period covered by the report;
and
(iii) Subsequent reports shall list the
total expenditures made during the period covered by the report, the cumulative
total of expenditures made during the reporting year, and net balance on hand;
and
(D) The corporate, labor union, or other
affiliation of any political action committee, candidate, campaign committee,
or independent committee making a contribution of the value of more than
$100.00.
(3) Whenever any independent committee
makes an expenditure for the purpose of financing any communication intended to
affect the outcome of an election, such communication shall clearly state that
it has been financed by such independent committee.
(g) Any
campaign committee which accepts contributions or makes expenditures designed
to bring about the recall of a public officer or to oppose the recall of a
public officer shall file campaign contribution disclosure reports as
follows:
(1) An
initial report shall be filed within 15 days after the date when the official
recall petition forms were issued to the sponsors;
(2) A
second report shall be filed 45 days after the filing of the initial
report;
(3) A
third report shall be filed within 20 days after the election superintendent
certifies legal sufficiency or insufficiency of a recall petition; and
(4) A
final report shall be filed prior to December 31 of the year in which the
recall election is held or, in any case where such recall election is not held,
a final report shall be filed prior to December 31 of any year in which such
campaign committee accepts such contributions or makes such expenditures.
(h) Any
campaign committee which accepts contributions or makes expenditures designed
to bring about the approval or rejection by the voters of a proposed
constitutional amendment or a state-wide referendum shall file a campaign
contribution disclosure report 75, 45, and 15 days prior to the date of the
election and shall file a final report prior to December 31 of the election
year.
(i)
(1) Any
person elected to a public office who is required to file campaign contribution
disclosure reports pursuant to this article shall, upon leaving public office
with excess contributions, be required to file supplemental campaign
contribution disclosure reports on June 30 and December 31 of each year until such
contributions are expended in a campaign for elective office or used as
provided in subsection (b) of Code Section 21-5-33.
(2) Any
person who is an unsuccessful candidate in an election and who is required to
file campaign contribution disclosure reports pursuant to this article shall
for the remainder of the election cycle file such reports at the same times as
a successful candidate and thereafter, upon having excess contributions from
such campaign, be required to file a supplemental campaign contribution
disclosure report no later than December 31 of each year until such
contributions are expended in a campaign for elective office or used as
provided in subsection (b) of Code Section 21-5-33. Any unsuccessful candidate
in an election who is required to file campaign contribution disclosure reports
pursuant to this article and who receives contributions following such election
to retire debts incurred in such campaign for elective office shall be required
to file a supplemental campaign contribution disclosure report no later than
December 31 of each year until such unpaid expenditures from such campaign are
satisfied.
(j) Notwithstanding
any other provision of this chapter to the contrary, soil and water
conservation district supervisors elected pursuant to Article 2 of Chapter 6 of
Title 2, the "Soil and Water Conservation Districts Law," shall not
be required to file campaign contribution disclosure reports under this Code
section.
(k)
(1) In
addition to other penalties provided under this chapter, a late fee of $125.00
shall be imposed by the person or entity with which filing is required for each
report that is filed late, and notice of such late fee shall be sent to the
candidate and the candidate's committee in the same manner by which the
penalized report was filed with the commission. However, if the report in
question was not filed or was filed with the commission in a manner other than
electronic filing or certified mail, return receipt requested, the commission
shall utilize certified mail, return receipt requested, to notify the candidate
and the candidate's committee of the late fee due. The notice shall include the
schedule of increasing late fees for late filings and the dates upon which such
late fees shall be increased. In addition, a late fee of $250.00 shall be
imposed on the fifteenth day after the due date for such report if the report
has not been filed by such date. A late fee of $1,000.00 shall be imposed on
the forty-fifth day after the due date for such report if such report has not
been filed. Notice by electronic means does not satisfy the requirements of
this paragraph; and any increased late fees shall be stayed until at least ten
days after proper notice has been given as specified in this paragraph.
(2) The
commission shall retain $25.00 of the first late fee received by the commission
for processing pursuant to the provisions of Code Section 45-12-92.1.
(l) It
shall be the duty of the commission or other official when it receives for
filing any disclosure report or statement or other document that may be filed
by mail to maintain with the filed document a copy of the postal markings or
statutory overnight delivery service markings of any envelope, package, or
wrapping in which the document was delivered for filing if mailed or sent after
the date such filing was due.
(m) Except when electronic filing is required, the mailing of
such reports by United States mail with adequate postage affixed within the
required filing time as determined by the official United States postage date
cancellation shall be prima-facie evidence of filing. Any person or entity
which is required to be registered under this Code section shall file a
termination statement together with its final campaign contribution disclosure
report as required by this Code section within ten days of the dissolution of a
campaign or committee. The termination statement shall identify the person
responsible for maintaining campaign records as required by this chapter.
History
Code
1981, § 21-5-34, enacted by Ga. L. 1986, p. 957, § 1; Ga. L. 1987, p. 297, §
11; Ga. L. 1987, p. 458, §§ 4, 5; Ga. L. 1988, p. 603, §§ 4, 5; Ga. L. 1989, p.
10, § 1; Ga. L. 1990, p. 643, § 1; Ga. L. 1990, p. 922, §§ 3, 4; Ga. L. 1992,
p. 1075, § 6; Ga. L. 1994, p. 257, § 1; Ga. L. 1994, p. 258, §§ 5-9; Ga. L.
1996, p. 26, § 1; Ga. L. 2000, p. 1491, § 3;
Ga. L. 2005, p. 859, § 12/HB 48;
Ga. L. 2006, p. 69, § 1/SB 467;
Ga. L. 2009, p. 620, § 3/SB 168;
Ga. L. 2010, p. 9, § 1-47/HB 1055;
Ga. L. 2010, p. 1173, § 11/SB 17;
Ga. L. 2011, p. 19, § 4/HB 232;
Ga. L. 2011, p. 590, § 1/HB 143;
Ga. L. 2013, p. 173, § 3/HB 143;
Ga. L. 2013, p. 540, § 3/HB 142;
Ga. L. 2014, p. 1, § 9/HB 310;
Ga. L. 2014, p. 9, § 2/SB 297;
Ga. L. 2016, p. 173, § 7/SB 199;
Ga. L. 2018, p. 1112, § 21/SB 365;
Ga. L. 2019, p. 929, § 1/SB 213.
Annotations
Notes
THE 2018 AMENDMENT,
effective May 8, 2018, part of an Act to revise, modernize, and correct the
Code, deleted the reservation of former subsection (n).
THE 2019 AMENDMENT,
effective July 1, 2019, in subsection (b), substituted "report filed after
an election year" for "report of an election cycle" in divisions
(b)(1)(D)(i) and (b)(1)(D)(iii), substituted "report filed after the
election year" for "report of the applicable new election cycle"
at the end of division (b)(1)(D)(v), and inserted "which" near the
end of subparagraph (b)(1)(F); in subsection (c), substituted a colon for
"on January 31 and June 30;" at the end of paragraph (c)(1), added
subparagraphs (c)(1)(A) and (c)(1)(B) and substituted "April 30" for
"March 31" in subparagraph (c)(2)(A); and, in subsection (e), added
"and a December 31 campaign contribution disclosure report regardless of
whether the candidate they are supporting has a December 31 campaign
contribution disclosure report due" at the end of the second sentence of
the introductory language.
EDITOR'S NOTES. --
In light of the similarity of the statutory provisions,
opinions decided under the former chapter are included in the annotations for
this Code section.
Commentary
CODE COMMISSION NOTES. --
The amendment of this Code section by Ga. L. 2010, p. 9, §
1-47, irreconcilably conflicted with and was treated as superseded by Ga. L.
2010, p. 1173, § 11. See County of Butts v. Strahan, 151 Ga. 417 (1921); Keener
v. McDougall, 232 Ga. 273 (1974).
Pursuant to Code Section 28-9-3, in 2013,
the amendment of subsection (n) of this Code section by Ga. L. 2013, p. 173, §
3, was treated as impliedly repealed and superseded by Ga. L. 2013, p. 540, §
3, due to irreconcilable conflict. See County of Butts v. Strahan, 151 Ga. 417
(1921); Keener v. McDougall, 232 Ga. 273 (1974) and Ga. L. 2013, p. 141, §
54(d)/HB 79.
Pursuant to Code Section 28-9-5, in 2019,
"paragraph (22)" was substituted for "paragraph 22" in
subparagraphs (c)(1)(A) and (c)(1)(B).
EDITOR'S NOTES. --
Ga. L. 2000, p. 1491, § 5, not codified by the General
Assembly, provides for severability.
Ga. L. 2000, p. 1491, § 6, not codified by
the General Assembly, provides that for purposes of issuing rules and
regulations, that Act became effective May 1, 2000.
Ga. L. 2005, p. 859, § 28/HB 48, not
codified by the General Assembly, provides that the Act shall not apply to any
violation occurring prior to January 9, 2006.
Ga. L. 2010, p. 1173, § 1/SB 17, not
codified by the General Assembly, provides: "This Act shall be known and
may be cited as the 'Georgia Government Transparency and Campaign Finance Act
of 2010.'"
Ga. L. 2010, p. 1173, § 30/SB 17, not
codified by the General Assembly, provides, in part: "This Act shall
become effective on January 10, 2011, and shall apply to all reports filed on
and after such date; provided, however, that if Code Section 45-12-92.1 as
enacted by HB 1055 at the regular session of the 2010 General Assembly does not
become law, then the following provisions as enacted by this Act shall not
become effective and shall be reserved instead: paragraph (2) of subsection (k)
of Code Section 21-5-34; paragraph (2) of subsection (f) of Code Section
21-5-50; division (f)(2)(D)(ii) of Code Section 21-5-71; and division
(f)(2)(E)(ii) of Code Section 21-5-71." HB 1055 became effective May 12,
2010.
Ga. L. 2011, p. 19, § 10/HB 232,
provides: "This Act shall become effective upon its approval by the
Governor or upon its becoming law without such approval. It is the express
intention of the General Assembly that this Act be applied retroactively to
January 10, 2011, as well as prospectively." This Act became effective
March 15, 2011.
LAW REVIEWS. --
For article on the 2005 amendment of this Code section, see
22 Ga. St. U. L. Rev. 119 (2005). For article on the 2013 amendment of this
Code section, see 30 Ga. St. U. L. Rev. 129 (2013). For article on the 2014
amendment of this Code section, see 31 Ga. St. U. L. Rev. 93 (2014). For
article on the 2019 amendment of this Code section, see 36 Ga. St. U.L. Rev.
123 (2019).
For note on the 1992 amendment of this
Code section, see 9 Ga. St. U. L. Rev. 247 (1992).
Case Notes
JUDICIAL DECISIONS
EDITOR'S NOTES. --In
light of the similarity of the statutory provisions, decisions under Ga. L.
1974, p. 155, are included in the annotations for this Code section.
DISCLOSURE OF
CONTRIBUTIONS TO POLITICAL CAMPAIGNS DOES NOT VIOLATE THE RIGHT TO A SECRET
BALLOT. Fortson v. Weeks, 232 Ga. 472, 208 S.E.2d 68 (1974) (decided under Ga.
L. 1974, p. 155).
LIABILITY FOR
FAILURE TO REPORT "COMMON SOURCE" CONTRIBUTIONS. --Candidate charged
with failure to report certain "common source" contributions, as
defined by O.C.G.A. § 21-5-30, could not be penalized for such failure, even
though the candidate knew the contributions were from a common source where it
was the candidate's campaign treasurer who was unaware of the common source of
the contributions and who filed the campaign report as authorized by O.C.G.A. §
21-5-34(a)(3). State Ethics Comm'r v. Moore, 214 Ga. App. 236, 447 S.E.2d 687
(1994).
VENUE IN CRIMINAL
CASES. --When the defendants were indicted under O.C.G.A. § 21-5-9 for failing
to file documents with the State Ethics Commission under O.C.G.A. § 21-5-34,
venue was in the county where the commission was exclusively located; the place
fixed for performance of the required act fixed the situs of the alleged crime.
McKinney v. State, 282 Ga. 230, 647 S.E.2d 44 (2007).
CITED in Serdula v.
State, 845 S.E.2d 362, No. A20A0258, 2020 Ga. App. LEXIS 359 (2020).
Research References & Practice Aids
CROSS REFERENCES. --
District supervisors; election procedure for elected
supervisors, § 2-6-30.
OPINIONS OF THE ATTORNEY
GENERAL
DESIGNATED
ORGANIZATIONS TO FULFILL REQUIREMENTS. --Disclosure requirements of the former
chapter must be fulfilled by the organizations designated in the former
provisions. 1975 Op. Att'y Gen. No. 75-53 (decided under former chapter).
CORPORATION
ACCEPTING CONTRIBUTIONS ON BEHALF OF CANDIDATES was subject to reporting
requirements of the former provisions. 1981 Op. Att'y Gen. No. 81-109 (decided
under former chapter).
INCUMBENT RECEIVING
OR MAKING CAMPAIGN CONTRIBUTIONS DURING NONELECTION YEARS. --The incumbent of a
covered office who receives campaign contributions or makes campaign
expenditures during nonelection years must report the transactions, both in the
incumbent's supplemental report and in the initial report during the calendar
year in which an election for the office the incumbent holds occurs. 1977 Op.
Att'y Gen. No. 77-84 (decided under former chapter).
WITHDRAWAL OF
CANDIDATE PRIOR TO REPORTING DATES SURROUNDING PRIMARY would not relieve the
candidate of compliance with those dates in light of the broad definition of
the term "candidate" and the absence of any applicable limiting
provision. 1976 Op. Att'y Gen. No. 76-22 (decided under former chapter).
REPORTS CAN BE
OMITTED ONLY WHERE THE CANDIDATE HAS NO OPPOSITION either in the primary or in
the general election. 1976 Op. Att'y Gen. No. 76-22 (decided under former
chapter).
REPORTS BEFORE AND
AFTER PRIMARY APPLY TO ALL CANDIDATES. --The General Assembly intended for the
45, 15 and ten-day reports before and after the primary to apply to all
candidates, regardless of the methods they employ in the seeking of political
office. 1976 Op. Att'y Gen. No. 76-22 (decided under former chapter).
GENERAL ELECTION FILING DATE APPLIES ONLY TO
GENERAL ELECTION CANDIDATES. --The filing dates which the former chapter
specified for campaign financing disclosure reports are of general
applicability and are ordinarily not affected by the method or procedures used
by a "candidate" to seek office, but the "15 days prior to the
general election" filing date applies only to those candidates in the
general election campaign. 1976 Op. Att'y Gen. No. 76-22 (decided under former
chapter).
REPORTING DATES ENFORCEABLE
AGAINST WRITE-IN CANDIDATE. --While a write-in candidate who has in fact filed
a notice of intention of candidacy prior to any of the fiscal disclosure report
filing dates surrounding the primary must comply with those report requirements
occurring after the individual has become a candidate, and while an individual
who intends to subsequently become a write-in candidate should file such
reports, the practical consequence is probably that only those reporting dates
fixed with respect to the general election can be enforced against a write-in
candidate. 1976 Op. Att'y Gen. No. 76-22 (decided under former chapter).
FILING OF
SUPPLEMENTAL DISCLOSURE REPORT. --Person elected to covered office must file
supplemental disclosure report on or before December 31 of each year during the
person's term of office, provided that a contribution or expenditure was
received or made during the year which is covered. 1977 Op. Att'y Gen. No.
77-10 (decided under former chapter).
FEE FOR FILING OF
CAMPAIGN FINANCING DISCLOSURE REPORTS. --Former Code 1933, § 24-1716 (see now
O.C.G.A. § 15-9-60), in authorizing the probate judge to charge a fee for the
filing of any "application, petition, or case" where no costs are
prescribed, did not authorize charging this fee for the filing of campaign
financing disclosure reports by candidates for county office. 1980 Op. Att'y
Gen. No. U80-29 (decided under former chapter).
INDIVIDUAL
DISCLOSURE REPORTS NOT REQUIRED. --Although O.C.G.A. § 21-5-34 requires a
campaign committee formed for the purpose of opposing a local option sales tax
referendum to file a campaign contribution disclosure report, the Ethics in
Government Act, O.C.G.A. § 21-5-1 et seq., does not compel each contributor to
such a committee to file a separate disclosure report. 1994 Op. Att'y Gen. No.
U94-2.
C.J.S. --
29 C.J.S., Elections, § 597.
ALR. --
Constitutionality, construction, and application of statute
or regulatory action respecting political advertising -- print media cases, 51
A.L.R.6th 359.
Constitutionality, construction, and application of statute or
regulatory activity respecting political advertising nonprint media cases, or
cases implicating both print and nonprint media, 53 A.L.R.6th 491.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-5-30.2
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 5. ETHICS IN GOVERNMENT
> ARTICLE 2. CAMPAIGN CONTRIBUTIONS
§ 21-5-30.2. Contributions by public agencies
(a) Except
as otherwise provided in this subsection, the definitions set forth in Code
Section 21-5-3 shall be applicable to the provisions of this Code section. As
used in this Code section, the term:
(1) "Agency"
means:
(A) Every state department, agency,
board, bureau, commission, and authority;
(B) Every
county, municipal corporation, school district, or other political subdivision
of this state;
(C) Every department, agency, board,
bureau, commission, authority, or similar body of each such county, municipal
corporation, or other political subdivision of this state; and
(D) Every city, county, regional, or
other authority established pursuant to the laws of this state.
(2) "Contribution"
means a gift, subscription, membership, loan, forgiveness of debt, advance or
deposit of money, or anything of value conveyed or transferred by or on behalf
of an agency, without receipt of payment therefor, to any campaign committee,
political action committee, or political organization or to any candidate for
campaign purposes.
(3) "Elector"
means any person who shall possess all of the qualifications for voting now or
hereafter prescribed by the laws of this state and who shall have registered in
accordance with Chapter 2 of this title.
(4) "Political
action committee" means any committee, club, association, partnership,
corporation, labor union, or other group of persons which receives donations
aggregating in excess of $1,000.00 during a calendar year from persons who are
members or supporters of the committee and which distributes these funds as
contributions to one or more campaign committees of candidates for public
office. Such term does not mean a campaign committee.
(5) "Political
organization" means an affiliation of electors organized for the purpose
of influencing or controlling the policies and conduct of government through
the nomination of candidates for public office and, if possible, the election
of its candidates to public office.
(6) "Public
meeting place" means any county, municipal, or other public building
suitable and ordinarily used for public gatherings.
(b) No
agency and no person acting on behalf of an agency shall make, directly or
indirectly, any contribution to any campaign committee, political action committee,
or political organization or to any candidate; but nothing in this Code section
shall prohibit the furnishing of office space, facilities, equipment, goods, or
services to a public officer for use by the public officer in such officer's
fulfillment of such office.
(c) No
campaign committee, political action committee, or political organization or
candidate shall accept a contribution in violation of subsection (b) of this
Code section.
(d) Nothing
contained in this Code section shall be construed to:
(1) Affect
the authority of the State Personnel Board regarding the regulation of certain
political activities of public employees in the classified service as defined
by Code Section 45-20-2;
(2) Affect
the authority of any agency regarding the regulation of the political
activities of such agency's employees;
(3) Affect
the use of the capitol building and grounds as specified in Code Section
50-16-4; or
(4) Prohibit
the use of public meeting places by political organizations when such meeting
places are made available to different political organizations on an equal
basis; provided, however, that this paragraph shall not be construed to create
a right for a political organization to use a public meeting place.
History
Code
1981, § 21-5-30.2, enacted by Ga. L. 1990, p. 368, § 1; Ga. L. 1992, p. 56, §
1; Ga. L. 1994, p. 258, § 4; Ga. L.
2008, p. 261, § 1/SB 456; Ga. L. 2009,
p. 745, § 1/SB 97; Ga. L. 2012, p. 446,
§ 2-31/HB 642.
Annotations
Notes
EDITOR'S NOTES. --
Ga. L. 2012, p. 446,
§ 3-1/HB 642, not codified by the General Assembly, provides that:
"Personnel, equipment, and facilities that were assigned to the State
Personnel Administration as of June 30, 2012, shall be transferred to the
Department of Administrative Services on the effective date of this Act."
This Act became effective July 1, 2012.
Ga. L. 2012, p. 446, § 3-2/HB 642, not
codified by the General Assembly, provides that: "Appropriations for
functions which are transferred by this Act may be transferred as provided in
Code Section 45-12-90."
Research References & Practice Aids
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-5-30
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 5. ETHICS IN GOVERNMENT
> ARTICLE 2. CAMPAIGN CONTRIBUTIONS
§ 21-5-30. Contributions made to candidate or campaign
committee or for recall of a public officer
(a) Except
as provided in subsection (e) of Code Section 21-5-34, no contributions to
bring about the nomination or election of a candidate for any office shall be
made or accepted except directly to or by a candidate or such candidate's
campaign committee which is organized for the purpose of bringing about the
nomination or election of any such candidate; and no contributions to bring
about the recall of a public officer or to oppose the recall of a public
officer or to bring about the approval or rejection by the voters of a proposed
constitutional amendment, state-wide referendum, or proposed question at the
state, municipal, or county level shall be made or accepted except directly to
or by a campaign committee organized for that purpose.
(b) Each
candidate shall maintain records and file reports as required by this chapter
or shall have a campaign committee for the purposes of maintaining records and
filing reports as required by this chapter. Every campaign committee shall have
a chairperson and a treasurer, except that the candidate may serve as the
chairperson and treasurer. Before a campaign committee accepts contributions,
the name and address of the chairperson and treasurer shall be filed with the
commission. When a candidate has been elected to public office, the
registration of that candidate's campaign committee with the commission shall
remain in effect so long as the candidate remains in office until and unless
the registration is canceled by the campaign committee or the candidate. The
same person may serve as chairperson and treasurer. No contributions shall be
accepted by or on behalf of the campaign committee at a time when there is a
vacancy in the office of chairperson or treasurer of the campaign committee.
(c) Contributions
of money received pursuant to subsection (a) of this Code section shall be
deposited in a campaign depository account opened and maintained by the
candidate or the campaign committee. The account may be an interest-bearing
account; provided, however, that any interest earned on such account shall be
reported and may only be used for the purposes allowed for contributions under
this chapter. Those who elect the separate accounting option as provided in
Code Section 21-5-43 may also open, but are not required to open, a separate
campaign depository account for each election for which contributions are
accepted and allocated beyond their next upcoming election.
(d) Unless
otherwise reported individually, where separate contributions of less than
$100.00 are knowingly received from a common source, such contributions shall
be aggregated for reporting purposes. For purposes of fulfilling such
aggregation requirement, members of the family, members of the same firm or
partnership, or employees of the same person, as defined in paragraph (19) of
Code Section 21-5-3, shall be considered to be a common source; provided,
however, that the purchase of tickets for not more than $25.00 each and for or
attendance at a fundraising event by members of the family, members of the same
firm or partnership, or employees of the same person shall not be considered to
be contributions from a common source except to the extent that tickets are
purchased as a block.
(e) The
making and acceptance of anonymous contributions are prohibited. Any anonymous
contributions received by a candidate or campaign committee shall be
transmitted to the state treasurer for deposit in the state treasury, and the
fact of such contribution and transmittal shall be reported to the commission.
(f) (1)
For purposes of this subsection, the term:
(A) "Public utility corporation
regulated by the Public Service Commission" includes, but is not limited
to, an electric membership corporation.
(B) "Electric membership
corporation" means a public utility corporation regulated by the Public
Service Commission operating as an electric membership corporation under the
provisions of Article 4 of Chapter 3 of Title 46.
(2) Except as limited by Code Section
21-5-30.1 or this subsection, a public utility corporation regulated by the
Public Service Commission shall be allowed to make contributions to political
campaigns. Any contributions made by a public utility corporation regulated by
the Public Service Commission to a political campaign shall not be included as
recoverable costs in any rate-making or rate-setting proceedings before the
Public Service Commission. Notwithstanding the provisions of this Code section
or any other provision of law to the contrary, no electric membership
corporation and no nonprofit corporation, group, or association, the membership
of which consists of electric membership corporations, shall be authorized to
make any contribution to a political campaign. Notwithstanding the foregoing,
nothing in this Code section shall be construed to prohibit a nonprofit
corporation, group, or association, the membership of which consists of
electric membership corporations, from establishing, administering, and
soliciting contributions for a political action committee from officers,
directors, employees, agents, contractors, and members of such entities so long
as such actions and contributions do not otherwise violate the provisions of
this chapter.
(g) Neither
a candidate who is not a public officer nor his or her campaign committee may
lawfully accept a campaign contribution until the candidate has filed with the
commission a declaration of intention to accept campaign contributions which
shall include the name and address of the candidate and the names and addresses
of his or her campaign committee officers, if any; provided, however, that a
candidate, as defined in subparagraphs (F) and (G) of paragraph (22) of Code
Section 21-5-3, shall make filings of the same kind and in the same manner as
provided in this subsection for other public officers except that filings under
this subsection shall be made with the election superintendent of the county in
the case of public officers as defined in subparagraph (F) of paragraph (22) of
Code Section 21-5-3 and shall be made with the municipal clerk in the
municipality of election or, if there is no clerk, with the chief executive
officer of the municipality in the case of public officers as defined in
subparagraph (G) of paragraph (22) of Code Section 21-5-3. The election
superintendent, municipal clerk, or chief executive officer, as applicable,
shall transmit electronically by eFiling or eFax a copy of each such
declaration of intention to the commission not later than ten days after the
close of the reporting period.
History
Code
1981, § 21-5-30, enacted by Ga. L. 1986, p. 957, § 1; Ga. L. 1987, p. 297, § 9;
Ga. L. 1987, p. 458, § 2; Ga. L. 1988, p. 603, § 1; Ga. L. 1990, p. 922, § 2;
Ga. L. 1992, p. 1075, § 4; Ga. L. 1993, p. 1402, § 18; Ga. L. 1994, p. 258, §§
2, 3; Ga. L. 1996, p. 1092, § 1; Ga. L.
2005, p. 859, § 10/HB 48; Ga. L. 2006,
p. 69, § 1/SB 467; Ga. L. 2010, p. 863,
§ 3/SB 296; Ga. L. 2010, p. 1173, §
10/SB 17; Ga. L. 2011, p. 569, § 1/SB
160; Ga. L. 2014, p. 9, § 1/SB 297.
Annotations
Notes
EDITOR'S NOTES. --
Ga. L. 2005, p. 859,
§ 28/HB 48, not codified by the General Assembly, provides that the Act shall
not apply to any violation occurring prior to January 9, 2006.
Ga. L. 2010, p. 1173, § 1/SB 17, not
codified by the General Assembly, provides: "This Act shall be known and
may be cited as the 'Georgia Government Transparency and Campaign Finance Act
of 2010.'"
Ga. L. 2010, p. 1173, § 30/SB 17, not
codified by the General Assembly, provides, in part, that the amendment to this
Code section applies to all reports filed on and after January 10, 2011.
EDITOR'S NOTES. --
In light of the similarity of the statutory provisions,
opinions decided under the former chapter and former Code Section 21-5-10 are
included in the annotations for this Code section.
Case Notes
JUDICIAL DECISIONS
EDITOR'S NOTES. --In
light of the similarity of the statutory provisions, decisions decided under
Ga. L. 1974, p. 155 and the former chapter are included in the annotations for
this Code section.
SUBSECTION (E) IS
NOT UNCONSTITUTIONAL, as it does not take private property without
compensation. An anonymous contribution never becomes the property of the
candidate or the candidate's committee. Fortson v. Weeks, 232 Ga. 472, 208
S.E.2d 68 (1974) (decided under provisions of Ga. L. 1974, p. 155 similar to
subsection (e) of this Code section).
LIABILITY FOR
FAILURE TO REPORT "COMMON SOURCE" CONTRIBUTIONS. --Candidate charged
with failure to report certain "common source" contributions, as
defined by O.C.G.A. § 21-5-30, could not be penalized for such failure, even
though the candidate knew the contributions were from a common source, where it
was the candidate's campaign treasurer who was unaware of the common source of
the contributions and who filed the campaign report as authorized by O.C.G.A. §
21-5-34(a)(3). State Ethics Comm'r v. Moore, 214 Ga. App. 236, 447 S.E.2d 687
(1994).
ATTORNEY IMPROPERLY
HELD IN CONTEMPT FOLLOWING DELIVERY OF ANONYMOUS CAMPAIGN CONTRIBUTION.
--Attorney who delivered an anonymous campaign contribution on behalf of a
client was improperly held in contempt for failing to disclose the client's
name to the State Ethics Commission; the attorney invoked the
self-incrimination privilege, and the trial court found the attorney in
contempt without first determining whether the Commission's proposed questions
might have been incriminating. Begner v. State Ethics Comm'n, 250 Ga. App. 327,
552 S.E.2d 431 (2001).
Research References & Practice Aids
LAW REVIEWS. --
For article, "Georgia Campaign Finance and Disclosure
Law," see 27 Ga. St. B. J. 175 (1991). For article on the 2005 amendment
of this Code section, see 22 Ga. St. U. L. Rev. 119 (2005).
For note on the
1992 amendment of this Code section, see 9 Ga. St. U. L. Rev. 247 (1992).
OPINIONS OF THE ATTORNEY
GENERAL
ANALYSIS
GENERAL CONSIDERATION
EFFECT OF FEDERAL
LEGISLATION. --The prohibition against for-hire motor carriers regulated by the
Public Service Commission from contributing to a political campaign is still
applicable despite the partial preemption provisions contained in the Federal
Aviation Administration Act of 1994, Pub. L. No. 103-305, § 601. 1996 Op. Att'y
Gen. No. 96-1.
REGISTRATION AT TIME
COMMITTEE IS FORMED. --Campaign committees must register with the Secretary of
State at the time the committee is formed, regardless of the amount of money to
be raised or expended. 1985 Op. Att'y Gen. No. 85-51 (decided under the former
chapter).
DOLLAR AMOUNT OF
STATE BANK CONTRIBUTIONS NOT DISCLOSED TO STATE COMMISSION. --Assuming campaign
contributions are made by state banks, there is no dollar amount that must be
disclosed to the State Campaign and Financial Disclosure Commission (now the
State Ethics Commission). 1976 Op. Att'y Gen. No. 76-109 (decided under the
former chapter).
PRIVATE CARRIERS ARE
NOT INCLUDED within the purview of the Public Service Commission's general
supervision, and are not subject to the prohibition against political
contributions set forth in O.C.G.A. § 21-5-30(f). 1990 Op. Att'y Gen. No.
90-32.
PUBLIC UTILITY CORPORATIONS
CONSTITUTIONALITY.
--Ga. L. 1974, pp. 155-62, as amended by Ga. L. 1975, pp. 1120, 1127 does not
unconstitutionally infringe guarantees of freedom of speech and association.
1982 Op. Att'y Gen. No. 82-56 (decided under Ga. L. 1974, pp. 155-62 as amended
by Ga. L. 1975, pp. 1120, 1127).
Ga. L. 1974, pp.
155-62, as amended by Ga. L. 1975, pp. 1120, 1127 does not unconstitutionally
deny equal protection to common carriers. 1982 Op. Att'y Gen. No. 82-56
(decided under Ga. L. 1974, pp. 155-62 as amended by Ga. L. 1975, pp. 1120,
1127).
The differential
treatment between regulated and nonregulated corporations imposed by Ga. L.
1974, pp. 155-62, as amended by Ga. L. 1975, pp. 1120-1127 can be justified on
the ground that in granting and protecting the monopolies of public utilities,
the state has the duty also to see that the power so granted is not abused and
does not even appear to have a corrupting influence on the political process.
1982 Op. Att'y Gen. No. 82-56 (decided under Ga. L. 1974, pp. 155-62 as amended
by Ga. L. 1975, pp. 1120, 1127).
"PUBLIC
UTILITY" AND "REGULATED" DEFINED. --"Public utility"
is a business organization which regularly supplies the public with some
commodity or service; "regulated" is defined in former Code 1933, §
93-307 (see now O.C.G.A. § 46-2-20). 1976 Op. Att'y Gen. No. 76-53.
"PUBLIC UTILITY
CORPORATION REGULATED BY THE PUBLIC SERVICE COMMISSION." --An electric
membership corporation falls within the definition of a "public utility
corporation, regulated by the Public Service Commission." 1985 Op. Att'y
Gen. No. U85-35.
"COMMON CARRIER
OF PERSONS OR PROPERTY" IS A "PUBLIC UTILITY". 1982 Op. Att'y
Gen. No. 82-56 (decided under Ga. L. 1974, pp. 155-62 as amended by Ga. L.
1975, pp. 1120, 1127).
PUBLIC UTILITY MAY
NOT PROVIDE LOGISTICAL ASSISTANCE. --Public utility corporations regulated by
the Public Service Commission are prohibited under the Campaign and Financial
Disclosure Act, O.C.G.A. T. 21, Ch. 5, from rendering logistical assistance,
including utility-compensated employee services of any kind, to a political
campaign. 1983 Op. Att'y Gen. No. 83-1.
GA. L. 1974, PP.
155-62 AS AMENDED BY GA. L. 1975, PP. 1120, 1127 IS A STRICT PROHIBITION of any
person acting on behalf of a regulated utility from making any contribution to
any political campaign. 1982 Op. Att'y Gen. No. 82-56 (decided under Ga. L. 1974,
pp. 155-62 as amended by Ga. L. 1975, pp. 1120, 1127).
PUBLIC UTILITY
EMPLOYEE MAY NOT PROVIDE SERVICES TO CAMPAIGN ON UTILITY TIME. --The value of
any services performed by employees of a regulated public utility corporation
on behalf of a campaign would constitute prohibited contributions, if those
employees are performing such services on company time, while they are on duty,
drawing or eligible for their salary or hourly pay. This would include a
situation in which a regulated public utility employee collects personal
contributions from other employees and forwards those contributions to a
political campaign, if this activity is being done on company time. It would
also apply to secretarial or any other services performed toward this end. 1983
Op. Att'y Gen. No. 83-1.
ATTORNEYS WHO
REPRESENT REGULATED PUBLIC UTILITIES are prohibited from making contributions
to political campaigns on behalf of the regulated public utility, but are not
prohibited from contributing to political campaigns in their personal capacity.
1986 Op. Att'y Gen. No. U86-34.
CONTRIBUTIONS BY
POLITICAL ACTION COMMITTEE FUNDED BY EMPLOYEES OF UTILITY. --Former § 21-5-10
did not prohibit political action committees, formed and operated pursuant to
the Federal Election Campaign Act of 1971, as amended, and funded by voluntary
personal contributions from employees and persons affiliated with public
utility corporations regulated by the Public Service Commission, which do not
receive any assistance whatsoever from the regulated public utility
corporation, from making political contributions to state and local political
campaigns in Georgia; however, each situation must be determined on its own
factual basis. 1986 Op. Att'y Gen. No. 86-2.
REGULATED UTILITY
NOT PROHIBITED FROM PUBLICIZING VIEWS ON TAX REFERENDUM. --Former Code 1933, §
40-3808.2 does not prohibit a public utility regulated by the Public Service
Commission from contributing to efforts to publicize views with respect to a
referendum on the imposition of a county sales tax. 1979 Op. Att'y Gen. No.
79-54 (decided under former Code 1933, § 40-3808.2).
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, § 459 et seq.
C.J.S. --
29 C.J.S., Elections §§ 372 et seq., 587 et seq.
ALR. --
Solicitation or receipt of funds by public officer or
employee for political campaign expenses or similar purposes as bribery, 55
A.L.R.2d 1137.
Constitutional
validity of state or local regulation of contributions by or to political
action committees, 24 A.L.R.6th 179.
Construction and
application of Supreme Court's holding in
Citizens United v. Federal
Election Com'n, 130 S. Ct. 876, 175 L. Ed. 2d 753, 187 L.R.R.M. (BNA) 2961,
159 Lab. Cas. (CCH) P 10166 (2010), that government may not prohibit
independent and indirect corporate expenditures on political speech, 65
A.L.R.6th 503.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-5-33
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 5. ETHICS IN GOVERNMENT
> ARTICLE 2. CAMPAIGN CONTRIBUTIONS
§ 21-5-33. Disposition of contributions
(a) Contributions
to a candidate, a campaign committee, or a public officer holding elective
office and any proceeds from investing such contributions shall be utilized
only to defray ordinary and necessary expenses, which may include any loan of
money from a candidate or public officer holding elective office to the
campaign committee of such candidate or such public officer, incurred in
connection with such candidate's campaign for elective office or such public
officer's fulfillment or retention of such office.
(b) (1)
All contributions received by a candidate or such candidate's campaign
committee or a public officer holding elective office in excess of those
necessary to defray expenses pursuant to subsection (a) of this Code section
and as determined by such candidate or such public officer may only be used as
follows:
(A) As contributions to any charitable
organization described in 26 U.S.C. 170(c) as said federal statute exists on
March 1, 1986, and which additionally shall include educational, eleemosynary,
and nonprofit organizations;
(B) Except as otherwise provided in
subparagraph (D) of this paragraph, for transferral without limitation to any
national, state, or local committee of any political party or to any
candidate;
(C) For transferral without limitation
to persons making such contributions, not to exceed the total amount
cumulatively contributed by each such transferee;
(D) For use in future campaigns for only
that elective office for which those contributions were received. With respect
to contributions held on January 1, 1992, or received thereafter, in the event
the candidate, campaign committee, or public officer holding elective office
has not designated, prior to receiving contributions to which this Code section
is applicable, the office for which campaign contributions are received
thereby, those contributions shall be deemed to have been received for the
elective office which the candidate held at the time the contributions were
received or, if the candidate did not then hold elective office, those
contributions shall be deemed to have been received for that elective office
for which that person was a candidate most recently following the receipt of
such contributions; or
(E) For repayment of any prior campaign
obligations incurred as a candidate.
(2) Any candidate or public officer holding
elective office may provide in the will of such candidate or such public
officer that the contributions shall be spent in any of the authorized manners
upon the death of such candidate or such public officer; and, in the absence of
any such direction in the probated will of such candidate or such public
officer, the contributions shall be paid to the treasury of the state party
with which such candidate or such public officer was affiliated in such
candidate's or such public officer's last election or elective office after the
payment of any expenses pursuant to subsection (a) of this Code section.
Notwithstanding any other provisions of this paragraph, the personal
representative or executor of the estate shall be allowed to use or pay out
funds in the campaign account in any manner authorized in subparagraphs (A)
through (E) of paragraph (1) of this subsection.
(c) Contributions
and interest thereon, if any, shall not constitute personal assets of such
candidate or such public officer.
(d)
(1) Contributions
received by a campaign committee designed to bring about the recall of a public
officer holding elective office or to oppose the recall of a public officer
holding elective office or any person or to bring about the approval or
rejection by the voters of any proposed constitutional amendment, a state-wide
referendum, or a proposed question which is to appear on the ballot in any
county or municipal election and any proceeds derived from investing such
contributions shall be utilized only to defray ordinary and necessary expenses
associated with influencing the voters on such issue.
(2) All
contributions received by a campaign committee as provided in paragraph (1) of
this subsection in excess of those necessary to defray expenses relative to the
influencing of voters on such issue as determined by the campaign committee may
only be used as follows:
(A) Contributions to any charitable
organization described in 26 U.S.C. 170(c) as such federal statute exists on
March 1, 1986, and which additionally shall include educational, eleemosynary,
and nonprofit organizations; or
(B) For repayment on a pro rata basis to
persons making such contributions.
History
Code
1981, § 21-5-33, enacted by Ga. L. 1986, p. 957, § 1; Ga. L. 1987, p. 458, § 3;
Ga. L. 1990, p. 1327, § 1; Ga. L. 1992, p. 1075, § 5.
Annotations
Notes
EDITOR'S NOTES. --
Ga. L. 1990, p. 1327, § 2, not codified by the General
Assembly, provides that nothing in that Act shall apply to or affect
contributions lawfully converted to the personal use of a candidate or public
officer prior to April 11, 1990.
Case Notes
JUDICIAL DECISIONS
RELATIONSHIP TO
BANKRUPTCY. --When the issue was whether the campaign funds of the debtor, a
candidate for public office who filed for Chapter 13 bankruptcy without
incorporating the campaign, were the property of the bankruptcy estate, the
limitation in O.C.G.A. § 21-5-33(c) that campaign funds shall not constitute
personal assets was not a restriction on the transfer of a beneficial interest
of the debtor in a trust as required by 11 U.S.C. § 541(c)(2). In re Chambers,
451 B.R. 621 (Bankr. N.D. Ga. 2011).
When the issue
was whether the campaign funds of the debtor, a candidate for public office who
filed for Chapter 13 bankruptcy without incorporating the campaign, were the
property of the bankruptcy estate, although O.C.G.A. § 21-5-33(a)-(c)
restricted use of the campaign funds, the anti-alienation provision in 11
U.S.C. § 541(c)(1)(A) prevented the state law from excluding the funds from
becoming the property of the estate. In re Chambers, 451 B.R. 621 (Bankr. N.D.
Ga. 2011).
When the creditor
with a general nonpriority unsecured claim for payment for campaign services
which the creditor provided to the debtor sought priority status, the Georgia
Ethics Act, O.C.G.A. § 21-5-1 et seq., did not provide the creditor with a lien
on the campaign funds and, even if Georgia law purported to establish the
priority of the claim over others, that state statute would be preempted by the
Bankruptcy Code. Rosetta Stone Communs., LLC v. Gordon (In re Chambers), 500
B.R. 221 (Bankr. N.D. Ga. 2013).
CITED in Georgia
State Conference of NAACP Branches v. Cox, 183 F.3d 1263 (11th Cir. 1999);
Oxendine v. Gov't Transparency & Campaign Fin. Comm'n, 341 Ga. App. 901,
802 S.E.2d 310 (2017).
Research References & Practice Aids
LAW REVIEWS. --
For note on the 1992 amendment of this Code section, see 9
Ga. St. U. L. Rev. 247 (1992).
OPINIONS OF THE ATTORNEY
GENERAL
SECTION APPLICABLE
TO CAMPAIGN COMMITTEES. --A campaign committee which is formed for the purpose
of accepting contributions for, making contributions to, or making expenditures
on behalf of a candidate, is subject to the requirements of O.C.G.A. § 21-5-33
relative to the disposition of excess contributions in the same manner as a
candidate's campaign committee. 1987 Op. Att'y Gen. No. 87-26.
COMPENSATION OF
SECRETARY FOR POLITICAL ACTION COMMITTEE. --A secretary who maintains the
records of a political action committee may be compensated from committee funds
under state law since the provisions of O.C.G.A. § 21-5-33 which limit the
distribution of funds received by the candidate and campaign committees would
not apply to political action committees and, even assuming that they did, the
funds can be utilized to defray ordinary and necessary expenses involved in a
campaign. 1987 Op. Att'y Gen. No. 87-18. (But see 1989 Op. Att'y Gen. No.
89-54).
DISTRIBUTION OF
CAMPAIGN CONTRIBUTIONS FOR FUTURE CAMPAIGNS. --Elected officials may distribute
campaign contributions in excess of those necessary to defray expenses to a national,
state, or local committee of their political party for use in future campaigns,
as long as the transfer is not made for the purpose of avoiding the
restrictions contained in O.C.G.A. § 21-5-33. 1992 Op. Att'y Gen. No. U92-18.
USE OF CAMPAIGN CONTRIBUTIONS
FOR POLITICAL ADVERTISING. --There is no prohibition on the use of campaign
contributions for political advertising in publications. 1992 Op. Att'y Gen.
No. U92-18.
CAMPAIGN
CONTRIBUTIONS AND NONPROFIT ORGANIZATIONS. --Nonprofit organizations may
receive those campaign contributions which are in excess of those necessary to
defray expenses. 1992 Op. Att'y Gen. No. U92-18.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-5-32
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 5. ETHICS IN GOVERNMENT
> ARTICLE 2. CAMPAIGN CONTRIBUTIONS
§ 21-5-32. Accounts to be kept by candidate or campaign
committee treasurer
(a) The
candidate or treasurer of each campaign committee shall keep detailed accounts,
current within not more than five business days after the date of receiving a
contribution or making an expenditure, of all contributions received and all
expenditures made by or on behalf of the candidate or committee. The candidate
or treasurer shall also keep detailed accounts of all deposits and of all
withdrawals made to the separate campaign depository and of all interest earned
on any such deposits.
(b) Accounts
kept by the candidate or treasurer of a campaign committee pursuant to this
Code section may be inspected under reasonable circumstances before, during, or
after the election to which the accounts refer by any authorized representative
of the commission. The right of inspection may be enforced by appropriate writ
issued by any court of competent jurisdiction.
(c) Records
of such accounts kept by the candidate or campaign committee shall be preserved
for three years from the termination date of the campaign for elective office
conducted by the candidate or of the campaign committee for any candidate or
for three years from the election to bring about the approval or rejection by
the voters of any proposed constitutional amendment, referendum, or local issue
or of any recall vote.
History
Code
1981, § 21-5-32, enacted by Ga. L. 1986, p. 957, § 1; Ga. L. 1987, p. 297, §
10; Ga. L. 1988, p. 603, § 3.
Annotations
Research References & Practice Aids
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-5-30.1
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 5. ETHICS IN GOVERNMENT
> ARTICLE 2. CAMPAIGN CONTRIBUTIONS
§ 21-5-30.1. Contributions by regulated entities to elected
executive officers or candidates
(a) Except
as otherwise provided in this subsection, the definitions set forth in Code
Section 21-5-3 shall be applicable to the provisions of this Code section. As
used in this Code section, the term:
(1) "Campaign
committee" means the candidate, person, or committee which accepts
contributions to bring about the nomination for election or election of an
individual to the office of an elected executive officer.
(2) "Contribution"
means a gift, subscription, membership, loan, forgiveness of debt, advance or
deposit of money, or anything of value conveyed or transferred for the purpose
of influencing the nomination for election or election of an individual to the
office of an elected executive officer or encouraging the holder of such office
to seek reelection. The term "contribution" shall include the payment
of a qualifying fee for and on behalf of a candidate for the office of an
elected executive officer and any other payment or purchase made for and on
behalf of the holder of the office of an elected executive officer or for or on
behalf of a candidate for that office when such payment or purchase is made for
the purpose of influencing the nomination for election or election of the
candidate and is made pursuant to the request or authority of the holder of
such office, the candidate, the campaign committee of the candidate, or any
other agent of the holder of such office or the candidate. The term
"contribution" shall not include the value of personal services
performed by persons who serve on a voluntary basis without compensation from
any source.
(3) "Elected
executive officer" means the Secretary of State, Attorney General, State
School Superintendent, Commissioner of Insurance, Commissioner of Agriculture,
Commissioner of Labor, and members of the Public Service Commission.
(4) "Political
action committee" means any committee, club, association, partnership,
corporation, labor union, or other group of persons which receives donations
aggregating in excess of $1,000.00 during a calendar year from persons who are
members or supporters of the committee and which distributes these funds as
contributions to one or more campaign committees of candidates for public
office. Such term does not mean a campaign committee.
(5) "Regulated
entity" means any person who is required by law to be licensed by an
elected executive officer or a board under the jurisdiction of an elected
executive officer, any person who leases property owned by or for a state
department, any person who engages in a business or profession which is
regulated by an elected executive officer or by a board under the jurisdiction
of an elected executive officer, or any public utility corporation regulated by
the Public Service Commission. For purposes of this paragraph, public utility corporation
regulated by the Public Service Commission shall have the same meaning as
provided by subsection (f) of Code Section 21-5-30.
(b) No
regulated entity and no person or political action committee acting on behalf
of a regulated entity shall make a contribution to or on behalf of a person
holding office as an elected executive officer regulating such entity or to or
on behalf of a candidate for the office of an elected executive officer
regulating such entity or to or on behalf of a campaign committee of any such
candidate.
(c) No
person holding office as an elected executive officer and no candidate for the
office of an elected executive officer and no campaign committee of a candidate
for the office of an elected executive officer shall accept a contribution in
violation of subsection (b) of this Code section.
(d) Nothing
contained in this Code section shall be construed to prevent any person who may
be employed by a regulated entity, including a person in whose name a license
or lease is held, or who is an officer of a regulated entity from voluntarily
making a campaign contribution from that person's personal funds to or on
behalf of a person holding office as an elected executive officer regulating
such entity or to or on behalf of a candidate for the office of an elected
executive officer regulating such entity or to or on behalf of a campaign
committee of any such candidate; provided, however, that:
(1) The
elected executive officer or candidate receiving one or more campaign contributions
described in this subsection shall in his or her disclosure report under Code
Section 21-5-34 separately identify each contribution and the total of
contributions which he or she knows or should have reason to know are described
in this subsection; and
(2) It
shall be unlawful for any regulated entity or elected executive officer to
require another by coercive action to make any such contribution.
History
Code
1981, § 21-5-30.1, enacted by Ga. L. 1989, p. 784, § 1; Ga. L. 1992, p. 1075, §
4A; Ga. L. 2009, p. 620, § 2/SB
168; Ga. L. 2011, p. 569, § 2/SB 160.
Annotations
Case Notes
JUDICIAL DECISIONS
SECTION
CONSTITUTIONAL. --O.C.G.A. § 21-5-30.1 is not an unconstitutional infringement
upon freedom of speech as it is narrowly tailored to meet the legitimate
interest of preserving the integrity of the democratic process, nor is it an
unconstitutional deprivation of property rights without due process since
private citizens may contribute freely in their individual capacities. Gwinn v.
State Ethics Comm'n, 262 Ga. 855, 426 S.E.2d 890 (1993).
Research References & Practice Aids
LAW REVIEWS. --
For note the on the 1989 enactment of this Code section, see
6 Ga. St. U. L. Rev. 240 (1989). For note on the 1992 amendment of this Code
section, see 9 Ga. St. U. L. Rev. 247 (1992).
OPINIONS OF THE ATTORNEY
GENERAL
MOTOR CLUBS
PROVIDING INDEMNIFICATION SERVICES ARE NOT REGULATED ENTITIES for purposes of
O.C.G.A. § 21-5-30.1. 1994 Op. Att'y Gen. No. 94-20.
SELF-INSURERS DEEMED
REGULATED ENTITIES. --A company or group which has been issued a certificate of
authority to operate a self-insurance program is a regulated entity for
purposes of O.C.G.A. § 21-5-30.1. 1994 Op. Att'y Gen. No. 94-20.
CAMPAIGN CONTRIBUTIONS
TO THE COMMISSIONER OF INSURANCE OR TO A CANDIDATE FOR THAT OFFICE. --An
employee of an "industrial loan licensee" or an "insurer"
may contribute to the election campaign of the Commissioner of Insurance or a
candidate for the Office of Commissioner of Insurance from the employee's own
personal funds, and such employee may solicit contributions for such campaigns
from third-parties and fellow employees as long as no coercion is utilized in
making the solicitation. Solicitation by full time lobbyists employed by
insurers or licensees may be construed as "contributions" by their
employers. 1990 Op. Att'y Gen. No. U90-19.
SECRETARY OF STATE.
--Corporations which are not otherwise engaged in business activities or
professions regulated by the Secretary of State are not regulated entities
under O.C.G.A. § 21-5-30.1. 1998 Op. Att'y Gen. No. 98-4.
Examining boards
connected to the Secretary of State which issue professional and business
licenses are under the jurisdiction of the Secretary of State for purposes of
O.C.G.A. § 21-5-30.1. 1998 Op. Att'y Gen. No. 98-4.
Under O.C.G.A. §
21-5-30.1(d), individuals who hold licenses issued by examining boards under
the jurisdiction of the Secretary of State are permitted to make campaign contributions
from their personal funds to the Secretary of State or a candidate for that
office. 1998 Op. Att'y Gen. No. 98-11.
ALR. --
Constitutional validity of state or local regulation of
contributions by or to political action committees, 24 A.L.R.6th 179.
Construction and
application of Supreme Court's holding in
Citizens United v. Federal
Election Com'n, 130 S. Ct. 876, 175 L. Ed. 2d 753, 187 L.R.R.M. (BNA) 2961,
159 Lab. Cas. (CCH) P 10166 (2010), that government may not prohibit independent
and indirect corporate expenditures on political speech, 65 A.L.R.6th 503.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-5-35
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 5. ETHICS IN GOVERNMENT > ARTICLE 2. CAMPAIGN CONTRIBUTIONS
§ 21-5-35. Acceptance of contributions or pledges during
legislative sessions
(a) No
member of the General Assembly or that member's campaign committee or public
officer elected state wide or campaign committee of such public officer shall
seek or accept a contribution or a pledge of a contribution to the member, the
member's campaign committee, or public officer elected state wide, or campaign
committee of such public officer during a legislative session.
(b) Subsection
(a) of this Code section shall not apply to:
(1) The
receipt of a contribution which is returned with reasonable promptness to the
donor or the donor's agent;
(2) The
receipt and acceptance during a legislative session of a contribution
consisting of proceeds from a dinner, luncheon, rally, or similar fundraising
event held prior to the legislative session;
(3) The
receipt of a contribution by a political party consisting of the proceeds from
a dinner, luncheon, rally, or similar fundraising event in which a member of
the General Assembly or a public officer elected state wide participates; or
(4) A
judicial officer elected state wide, a candidate for a judicial office elected
state wide, or a campaign committee of such judicial officer or candidate.
History
Code
1981, § 21-5-35, enacted by Ga. L. 1986, p. 957, § 1; Ga. L. 1990, p. 922, § 5;
Ga. L. 1994, p. 258, § 10; Ga. L. 2005,
p. 859, § 14/HB 48; Ga. L. 2013, p.
173, § 5/HB 143.
Annotations
Notes
EDITOR'S NOTES. --
Ga. L. 2005, p. 859,
§ 28/HB 48, not codified by the General Assembly, provides that the Act shall
not apply to any violation occurring prior to January 9, 2006.
Case Notes
JUDICIAL DECISIONS
PREEMPTED BY FEDERAL
LAW. --As applied to candidates for federal office, O.C.G.A. § 21-5-35 is
preempted by the Federal Election Campaign Act, 2 U.S.C. § 431 et seq. Teper v.
Miller, 82 F.3d 989 (11th Cir. 1996).
Research References & Practice Aids
LAW REVIEWS. --
For article on the 2005 amendment of this Code section, see
22 Ga. St. U. L. Rev. 119 (2005).
OPINIONS OF THE ATTORNEY
GENERAL
SOLICITING PLEDGES
SHOULD BE AVOIDED. --While the Ethics in Government Act, O.C.G.A. § 21-5-1 et
seq., does not expressly prohibit an incumbent member of the General Assembly
from soliciting a pledge or setting goals for contributions during a
legislative session, such actions would clearly be contrary to the policies and
purposes of the Act and should be avoided. 1995 Op. Att'y Gen. No. U95-27.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-5-36
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 5. ETHICS IN GOVERNMENT
> ARTICLE 2. CAMPAIGN CONTRIBUTIONS
§ 21-5-36. Disposition of reports; handling of complaints
and violations
(a)
(1) It
shall be the duty of the commission to make the campaign contribution
disclosure reports available for public inspection and copying during regular
office hours commencing as soon as practicable after such reports are filed.
The commission shall have the authority to charge a fee for copying such
reports not to exceed the actual cost of such copying. The commission shall
preserve such reports for a period of five years from the date upon which they
are received.
(2) A
qualifying officer shall notify the commission in writing of the names and
addresses of all candidates and offices sought in any election within ten days
of the close of the qualification period.
(b) After
receiving original reports, the commission has the duty to inspect each report
filed by candidates or by a campaign committee for conformity with the law and
to notify the candidate or campaign committee immediately if the report does
not conform with the law or is in technical violation of filing requirements.
Such notification shall be by electronic means and regular United States
mail.
(c) Within
ten business days of the close of the qualification period, qualifying officers
shall electronically report to the commission the names and addresses of all
candidates and offices sought by each candidate in an election and the
qualifying date for such candidate.
History
Code
1981, § 21-5-36, enacted by Ga. L. 1986, p. 957, § 1; Ga. L. 1987, p. 297, §
12; Ga. L. 2010, p. 1173, § 13/SB 17.
Annotations
Notes
EDITOR'S NOTES. --
Ga. L. 2010, p.
1173, § 1/SB 17, not codified by the General Assembly, provides: "This Act
shall be known and may be cited as the 'Georgia Government Transparency and
Campaign Finance Act of 2010.'"
Ga. L. 2010, p. 1173, § 30/SB 17, not
codified by the General Assembly, provides, in part, that the amendment to this
Code section applies to all reports filed on and after January 10, 2011.
Research References & Practice Aids
OPINIONS OF THE ATTORNEY
GENERAL
IDENTIFYING PERSONS
NOT FILING TIMELY FINANCIAL DISCLOSURE STATEMENTS. --While there is no
statutory authority to compel the local filing officers to report candidates or
public officers who have not timely filed their financial disclosure
statements, O.C.G.A. T. 21, Ch. 5 requires the Ethics Commission to identify
such persons. 1987 Op. Att'y Gen. No. 87-26.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-5-34.1
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 5. ETHICS IN GOVERNMENT
> ARTICLE 2. CAMPAIGN CONTRIBUTIONS
§ 21-5-34.1. Filing campaign contribution disclosure reports
electronically
(a) Candidates,
candidate committees, and public officers who are required to file campaign
contribution disclosure reports with the commission shall use electronic means
to file such reports with the commission using means prescribed by the
commission to file such reports.
(b) The
filing of any campaign disclosure report required under this article shall
constitute an affirmation that such report is true, complete, and correct.
(c) Candidates
seeking election to county or municipal offices may use electronic means to
file their campaign contribution disclosure reports if such method is made
available or may file by certified mail, statutory overnight delivery, or
personal delivery.
(d) Political
action committees, independent committees, and any persons otherwise required
by this article to file campaign contribution disclosure reports shall use
electronic means to file such reports if such method is made available.
(e) The
filing of any campaign contribution disclosure report required under this article
shall constitute an affirmation that the report is true, complete, and correct.
History
Code
1981, § 21-5-34.1, enacted by Ga. L. 2000, p. 1491, § 3; Ga. L. 2005, p. 859, § 13/HB 48; Ga. L. 2009, p. 620, § 4/SB 168; Ga. L. 2010, p. 1173, § 12/SB 17; Ga. L. 2011, p. 19, § 5/HB 232; Ga. L. 2013, p. 173, § 4/HB 143.
Annotations
Notes
EDITOR'S NOTES. --
Ga. L. 2000, p. 1491, § 5, not codified by the General
Assembly, provides for severability.
Ga. L. 2000, p. 1491, § 6, not codified by
the General Assembly, provides that for purposes of issuing rules and
regulations, that Act became effective May 1, 2000.
Ga. L. 2005, p. 859, § 28/HB 48, not
codified by the General Assembly, provides that the Act shall not apply to any
violation occurring prior to January 9, 2006.
Ga. L. 2010, p. 1173, § 1/SB 17, not
codified by the General Assembly, provides: "This Act shall be known and
may be cited as the 'Georgia Government Transparency and Campaign Finance Act
of 2010.'"
Ga. L. 2010, p. 1173, § 30/SB 17, not
codified by the General Assembly, provides, in part, that the amendment to this
Code section applies to all reports filed on and after January 10, 2011.
Ga. L. 2011, p. 19, § 10/SB 232, not
codified by the General Assembly, provides: "This Act shall become
effective upon its approval by the Governor or upon its becoming law without
such approval. It is the express intention of the General Assembly that this
Act be applied retroactively to January 10, 2011, as well as
prospectively." This Act became effective March 15, 2011.
Research References & Practice Aids
LAW REVIEWS. --
For article on the 2005 amendment of this Code section, see
22 Ga. St. U. L. Rev. 119 (2005).
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-5-41
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 5. ETHICS IN GOVERNMENT
> ARTICLE 2A. CONTRIBUTIONS TO CANDIDATES FOR PUBLIC OFFICE
§ 21-5-41. Maximum allowable contributions
(a) No
person, corporation, political committee, or political party shall make, and no
candidate or campaign committee shall receive from any such entity,
contributions to any candidate for state-wide elected office which in the
aggregate for an election cycle exceed:
(1) Five
thousand dollars for a primary election;
(2) Three
thousand dollars for a primary run-off election;
(3) Five
thousand dollars for a general election; and
(4) Three
thousand dollars for a general election runoff.
(b) No
person, corporation, political committee, or political party shall make, and no
candidate or campaign committee shall receive from any such entity,
contributions to any candidate for the General Assembly or public office other
than state-wide elected office which in the aggregate for an election cycle
exceed:
(1) Two
thousand dollars for a primary election;
(2) One
thousand dollars for a primary run-off election;
(3) Two
thousand dollars for a general election; and
(4) One
thousand dollars for a general election runoff.
(c) No
business entity shall make any election contributions to any candidate which
when aggregated with contributions to the same candidate for the same election
from any affiliated corporations exceed the per election maximum allowable
contribution limits for such candidate as specified in subsection (a) of this
Code section.
(d) Candidates
and campaign committees may separately account for contributions pursuant to
Code Section 21-5-43. Candidates and campaign committees not separately
accounting for contributions pursuant to such Code section shall not accept
contributions for any election in an election cycle prior to the conclusion of
the immediately preceding election in such cycle; provided, however, that contributions
may be accepted for a primary election at any time in the election cycle prior
to and including the date of such primary election. Upon conclusion of each
election, contributions remaining unexpended may be expended on succeeding
elections in the election cycle, and contributions not exceeding the
contribution limits of this Code section may continue to be accepted for
repayment of campaign obligations incurred as a candidate in that election
except as provided in subsection (h) of this Code section.
(e) Candidates
and campaign committees shall designate on their disclosure reports the
election for which a contribution has been accepted. Any contribution not so
designated shall be presumed to have been accepted for the election on or first
following the date of the contribution.
(f) A
contribution by a partnership shall be deemed to have been made pro rata by the
partners as individuals for purposes of this Code section, as well as by the
partnership in toto unless the partnership by proper action under its
partnership agreement otherwise directs allocation of the contribution among
the partners. At such direction of the partnership, the contribution may be
allocated in any proportion among the partners, including to one or some but
not all. Such allocation shall be indicated on the face of any instrument
constituting the contribution or on an accompanying document referencing such
instrument.
(g) The
contribution limitations established by this Code section shall not apply to a
loan or other contribution made to a campaign committee or candidate by the
candidate or a member of the family of the candidate.
(h) Any
candidate or campaign committee who incurs loans on or after January 9, 2006,
in connection with the candidate's campaign for election shall not repay,
directly or indirectly, such loans from any contributions made to such
candidate or any authorized committee of such candidate after the date of the
election for which the loan was made to the extent that such loans exceed
$250,000.00.
(i) The
contribution limits established by this Code section shall not apply to a bona
fide loan made to a candidate or campaign committee by a state or federally
chartered financial institution or a depository institution whose deposits are
insured by the Federal Deposit Insurance Corporation if:
(1) Such loan is made in the normal
course of business with the expectation on the part of all parties that such
loan shall be repaid; and
(2) Such loan is based on the credit
worthiness of the candidate and the candidate is personally liable for the
repayment of the loan.
(j) The
contribution limitations provided for in this Code section shall not include
contributions or expenditures made by a political party in support of a party
ticket or a group of named candidates.
(k) At
the end of the election cycle applicable to each public office as to which
campaign contributions are limited by this Code section and every four years
for all other elections to which this Code section is applicable, the
contribution limitations in this Code section shall be raised or lowered in
increments of $100.00 by regulation of the commission pursuant to a determination
by the commission of inflation or deflation during such cycle or four-year
period, as determined by the Consumer Price Index published by the Bureau of
Labor Statistics of the United States Department of Labor, and such limitations
shall apply until next revised by the commission. The commission shall adopt
rules and regulations for the implementation of this subsection.
History
Code
1981, § 21-5-41, enacted by Ga. L. 1990, p. 922, § 6; Ga. L. 1992, p. 1075, §
8; Ga. L. 1994, p. 258, § 11; Ga. L. 1995, p. 8, § 1; Ga. L. 2000, p. 1491, §
4; Ga. L. 2005, p. 859, § 16/HB
48; Ga. L. 2010, p. 1173, § 15/SB 17.
Annotations
Notes
EDITOR'S NOTES. --
Ga. L. 2000, p. 1491, § 5, not codified by the General
Assembly, provides for severability.
Ga.
L. 2000, p. 1491, § 6, not codified by the General Assembly, provides that for
purposes of issuing rules and regulations, that Act became effective May 1,
2000.
Ga. L. 2005, p. 859, § 28/HB 48, not
codified by the General Assembly, provides that the Act shall not apply to any
violation occurring prior to January 9, 2006.
Ga. L. 2010, p. 1173, § 1/SB 17, not
codified by the General Assembly, provides: "This Act shall be known and
may be cited as the 'Georgia Government Transparency and Campaign Finance Act
of 2010.'"
Ga. L. 2010, p. 1173, § 30/SB 17, not
codified by the General Assembly, provides, in part, that the amendment to this
Code section applies to all reports filed on and after January 10, 2011.
Case Notes
JUDICIAL DECISIONS
COMMISSION DECISION
FINDING REASONABLE GROUNDS FOR VIOLATION NOT IMMEDIATELY APPEALABLE.
--Candidate had not shown irreparable harm justifying immediate appeal to a
superior court under O.C.G.A. § 50-13-19(a) from an interim decision of the
Georgia Government Transparency and Campaign Finance Commission because
judicial review would be available after the final decision; the charges had
been pending over eight years and alleged damage to the candidate's reputation
was not irreparable harm. Oxendine v. Gov't Transparency & Campaign Fin.
Comm'n, 341 Ga. App. 901, 802 S.E.2d 310 (2017).
CITED in Georgia
State Conference of NAACP Branches v. Cox, 183 F.3d 1263 (11th Cir. 1999).
Research References & Practice Aids
ADMINISTRATIVE RULES AND
REGULATIONS. --
Disclosure reports, Official Compilation of the Rules and
Regulations of the State of Georgia, State Ethics Commission, Chapter
189-3.
LAW REVIEWS. --
For article on the 2005 amendment of this Code section, see
22 Ga. St. U. L. Rev. 119 (2005). For article, "An Intersection of Laws:
Citizens United v. FEC: Rational Coercion: Citizens United and a Modern Day
Prisoner's Dilemma," see 27 Ga. St. U. L. Rev. 1105 (2011). For annual
survey on administrative law, see 70 Mercer L. Rev. 1 (2018).
For note on the
1992 amendment of this Code section, see 9 Ga. St. U. L. Rev. 247 (1992).
For comment,
"Awakening a Slumbering Giant: Georgia's Judicial Selection System
After White and Weaver," see 56 Mercer L. Rev. 1035
(2005).
OPINIONS OF THE ATTORNEY
GENERAL
CAMPAIGN
CONTRIBUTIONS PRIOR TO JANUARY 1, 2001, under the election year/non-election
year format should not be counted against the new election cycle contribution
limits set forth in the revised version of the statute which became effective
on that date. 2001 Op. Att'y Gen. No. 2001-4.
TERM "IMMEDIATE
FAMILY" in the campaign contributions portion of the Ethics in Government
Act, O.C.G.A. § 21-5-1 et seq., refers to a candidate's spouse and children.
1995 Op. Att'y Gen. No. 95-42.
LOAN MADE TO
CANDIDATE IN ORDINARY COURSE OF BUSINESS. --A loan made to a candidate for
public office, which is made in the ordinary course of business and not for the
purpose of influencing the nomination or election of the candidate, is not
subject to the monetary limitations on contributions contained in the Ethics in
Government Act, O.C.G.A. § 21-5-1 et seq.; any other type of loan, including
one guaranteed by individuals other than the candidate, would be subject to
that Act's limitation on contributions. 1992 Op. Att'y Gen. No. 92-26
(Subsection (c) codifies the conclusion and broadens the dollar limit exclusion
to include contributions from candidate's family).
ALR. --
Construction and application of Supreme Court's holding
in Citizens
United v. Federal Election Com'n, 130 S. Ct. 876, 175 L. Ed. 2d 753, 187
L.R.R.M. (BNA) 2961, 159 Lab. Cas. (CCH) P 10166 (2010), that government may
not prohibit independent and indirect corporate expenditures on political
speech, 65 A.L.R.6th 503.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-5-42
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 5. ETHICS IN GOVERNMENT
> ARTICLE 2A. CONTRIBUTIONS TO CANDIDATES FOR PUBLIC OFFICE
§ 21-5-42. Contribution to campaign committee deemed
contribution to candidate; rules for construction
For
purposes of this article, a contribution to a campaign committee of a candidate
for any public office shall be deemed to be a contribution to such candidate.
If during any calendar year there occur both a special election including a
special primary, special primary runoff, and special election runoff as
appropriate and a general election for the same public office and if the same
person is a candidate for nomination or election at both such special election
including a special primary, special primary runoff, and special election
runoff as appropriate and such general election, then this Code section shall
apply. Where this Code section applies, a person, corporation, political
committee, or political party may contribute up to the maximum amount otherwise
allowable under this article to such person or such person's campaign committee
for the purpose of influencing such candidate's nomination or election at the
special primary, special primary runoff, special election, or special election
runoff; and the same person, corporation, political committee, or political
party may contribute up to the maximum amount otherwise allowable under this
article for the purpose of influencing such candidate's election at the general
election or general election runoff. This Code section shall be construed
according to the following rules:
(1) It
is the general intent of this Code section to allow a person who is a candidate
for election at both a special election and a general election in the same
calendar year to receive up to but no more than twice the amount of
contributions which could otherwise be received from any one donor during the
year; and
(2) Seeking
nomination at a special primary or general primary shall be considered as
seeking election at the ensuing special election or general election for the
purpose of determining whether a person is a candidate for election at both the
special election and the general election and allowing the application of this
Code section; but seeking election at only a single primary and its ensuing
election shall not bring this Code section into effect.
History
Code
1981, § 21-5-44, enacted by Ga. L. 1990, p. 922, § 6; Ga. L. 1992, p. 1075, §
12; Ga. L. 1994, p. 258, § 11; Code Section 21-5-42, as redesignated by Ga. L.
2000, p. 1491, § 4.
Annotations
Notes
EDITOR'S NOTES. --
Ga. L. 2000, p. 1491, § 4, effective January 1, 2001,
redesignated the provisions of former Code Section 21-5-44 as this Code
section. Former Code Section 21-5-42, concerning the maximum allowable
contribution by corporations, was based on Code 1981, § 21-5-42, enacted by Ga.
L. 1990, p. 922, § 6, Ga. L. 1992, p. 1075, § 9, Ga. L. 1994, p. 258, §
11.
Ga. L. 2000, p. 1491, § 5, not codified by
the General Assembly, provides for severability.
Ga. L. 2000, p. 1491, § 6, not codified by
the General Assembly, provides that for purposes of issuing rules and
regulations that Act became effective May 1, 2000.
Case Notes
JUDICIAL DECISIONS
CITED in Georgia
State Conference of NAACP Branches v. Cox, 183 F.3d 1263 (11th Cir. 1999).
Research References & Practice Aids
LAW REVIEWS. --
For note on the 1992 amendment of this Code section, see 9
Ga. St. U. L. Rev. 247 (1992).
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-5-40
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 5. ETHICS IN GOVERNMENT
> ARTICLE 2A. CONTRIBUTIONS TO CANDIDATES FOR PUBLIC OFFICE
§ 21-5-40. Definitions
As
used in this article, the term:
(1) "Affiliated
committees" means any two or more political committees (including a
separate segregated fund) established, financed, maintained, or controlled by
the same business entity, labor organization, person, or group of persons,
including any parent, subsidiary, branch, division, department, or local unit
thereof.
(2) "Affiliated
corporation" means with respect to any business entity any other business
entity related thereto: as a parent business entity; as a subsidiary business
entity; as a sister business entity; by common ownership or control; or by
control of one business entity by the other.
(3) "Business
entity" shall have the same meaning as provided in Code Section
21-5-3.
(4) Reserved.
(5) "Person"
means an individual.
(6) "Political
committee" means: (A) any partnership, committee, club, association,
organization, party caucus of the House of Representatives or the Senate, or
similar entity (other than a business entity) or any other group of persons or
entities which makes a contribution; or (B) any separate segregated fund.
(6.1)"Political
party" means any political party as that term is defined in paragraph (25)
of Code Section 21-2-2, as amended; provided, however, that for purposes of
this article, local, state, and national committees shall be separate political
parties.
(6.2)"Public
office" means the office of each elected public officer as specified in
paragraph (22) of Code Section 21-5-3.
(7) "Separate
segregated fund" means a fund which is established, administered, and used
for political purposes by a business entity, labor organization, membership
organization, or cooperative and to which the business entity, labor
organization, membership organization, or cooperative solicits contributions.
History
Code
1981, § 21-5-40, enacted by Ga. L. 1990, p. 922, § 6; Ga. L. 1992, p. 1075, §
7; Ga. L. 1994, p. 258, § 11; Ga. L. 1998, p. 295, § 3; Ga. L. 2000, p. 1491, §
4; Ga. L. 2001, p. 20, § 1; Ga. L.
2005, p. 859, § 15/HB 48; Ga. L. 2010,
p. 1173, § 14/SB 17.
Annotations
Notes
EDITOR'S NOTES. --
Ga. L. 2000, p. 1491, § 5, not codified by the General
Assembly, provides for severability.
Ga. L. 2000, p. 1491, § 6, not codified by
the General Assembly, provides that for purposes of issuing rules and
regulations, that Act became effective May 1, 2000.
Ga. L. 2005, p. 859, § 28/HB 48, not
codified by the General Assembly, provides that the Act shall not apply to any
violation occurring prior to January 9, 2006.
Ga. L. 2010, p. 1173, § 1/SB 17, not
codified by the General Assembly, provides: "This Act shall be known and
may be cited as the 'Georgia Government Transparency and Campaign Finance Act
of 2010.'"
Ga. L. 2010, p. 1173, § 30/SB 17, not
codified by the General Assembly, provides, in part, that the amendment to this
Code section applies to all reports filed on and after January 10, 2011.
Research References & Practice Aids
LAW REVIEWS. --
For article, "Georgia Campaign Finance and Disclosure
Law," see 27 Ga. St. B. J. 175 (1991). For article on the 2005 amendment
of this Code section, see 22 Ga. St. U. L. Rev. 119 (2005).
For note on the
1992 amendment of this Code section, see 9 Ga. St. U. L. Rev. 247 (1992).
OPINIONS OF THE ATTORNEY
GENERAL
LABOR UNION AS
"POLITICAL COMMITTEE." --For purposes of determining the maximum
amount of contributions permitted to an individual candidate for office under
O.C.G.A. § 21-5-43, a labor union is a "political committee" pursuant
to O.C.G.A. § 21-5-40(6). 1994 Op. Att'y Gen. No. 94-16.
AM. JUR. 2D. --
26 Am. Jur. 2d, Elections, § 459 et seq.
C.J.S. --
29 C.J.S., Elections §§ 372 et seq., 587 et seq.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-5-44
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 5. ETHICS IN GOVERNMENT > ARTICLE 2A. CONTRIBUTIONS TO CANDIDATES FOR PUBLIC OFFICE
§ 21-5-44. Contribution to campaign committee deemed
contribution to candidate; rules for construction
Annotations
Notes
EDITOR'S NOTES. --
Ga. L. 2000, p. 1491, § 4, effective January 1, 2001, redesignated the former provisions of this Code section as Code Section 21-5-42.
Research References & Practice Aids
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-5-43.1
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 5. ETHICS IN GOVERNMENT > ARTICLE 2A. CONTRIBUTIONS TO CANDIDATES FOR PUBLIC OFFICE
§ 21-5-43.1. Maximum allowable contribution by political parties
Repealed
by Ga. L. 2000, p. 1491, § 4, effective January 1, 2001.
Annotations
Notes
EDITOR'S NOTES. --
This Code section was based on Code 1981, § 21-5-43.1, enacted by Ga. L. 1992, p. 1075, § 11; Ga. L. 1994, p. 258, § 11.
Research References & Practice Aids
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-5-43
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 5. ETHICS IN GOVERNMENT
> ARTICLE 2A. CONTRIBUTIONS TO CANDIDATES FOR PUBLIC OFFICE
§ 21-5-43. Accounting for and expenditure of campaign contributions
(a)
(1) A
candidate or campaign committee may separately account for contributions for
each election in an election cycle for which contributions are accepted. If no
contributions are accepted for an election, no corresponding accounting shall
be required. Subject to the contribution limits of this chapter, contributions
so separately accounted for may be accepted at any time in the election cycle.
Upon the conclusion of each election, contributions not exceeding such limits
may continue to be accepted for repayment of campaign obligations incurred as a
candidate in that election.
(2) A
candidate who wishes to accept contributions for more than one election at a
time shall separately account for such campaign contributions and shall file an
"Option to Choose Separate Accounting" form with the commission prior
to accepting contributions for any election other than the candidate's next
upcoming election; provided, however, that a candidate shall only be required
to file one such form which shall be utilized for all subsequent elections to
the same elective office, regardless of whether an election occurs in a new
election cycle.
(3) A
candidate who accepts contributions for more than one election at a time may
allocate contributions received from a single contributor to any election in
the election cycle, provided that the contributions shall not violate maximum
allowable contribution limits for any election; provided, however, that in
order to allocate contributions to a past election, the candidate shall have
outstanding campaign debt from the previous election.
(b) Contributions
separately accounted for shall not be expended on a prior election except in
conformance with this Code section. Contributions separately accounted for in a
primary election may be expended at any time during the election cycle prior to
and including the date of the primary.
(c) Contributions
remaining unexpended after the date of the election may be expended for any
future election in the same election cycle without regard to the limitations of
Code Section 21-5-41. If there are no further elections in the election cycle
or if the candidate or the candidate of the campaign committee is not on the
ballot of a further election in the election cycle, such contributions may be
used only as provided in Code Section 21-5-33.
(d) Contributions
accepted and separately accounted for in an election which does not occur or
for which the candidate does not qualify, if unexpended, shall be returned to
the contributors thereof pro rata without interest. Any portion thereof which
cannot be returned to the original contributor thereof shall be expended only
as provided in Code Section 21-5-33.
(e) The
commission shall adopt such rules and regulations as are necessary to carry out
the purposes of this Code section in accordance with Chapter 13 of Title 50,
the "Georgia Administrative Procedure Act."
History
Code
1981, § 21-5-43, enacted by Ga. L. 1990, p. 922, § 6; Ga. L. 1992, p. 1075, §
10; Ga. L. 1994, p. 258, § 11; Ga. L. 2000, p. 1491, § 4; Ga. L. 2005, p. 859, § 17/HB 48.
Annotations
Notes
EDITOR'S NOTES. --
Ga. L. 2000, p. 1491, § 5, not codified by the General
Assembly, provides for severability.
Ga. L. 2000, p. 1491, § 6, not codified by
the General Assembly, provides that for purposes of issuing rules and
regulations, that Act became effective May 1, 2000.
Ga. L. 2005, p. 859, § 28/HB 48, not
codified by the General Assembly, provides that the Act shall not apply to any
violation occurring prior to January 9, 2006.
Case Notes
JUDICIAL DECISIONS
CITED in Oxendine v.
Gov't Transparency & Campaign Fin. Comm'n, 341 Ga. App. 901, 802 S.E.2d 310
(2017).
Research References & Practice Aids
LAW REVIEWS. --
For article on the 2005 amendment of this Code section, see
22 Ga. St. U. L. Rev. 119 (2005).
For note on the
1992 amendment of this Code section, see 9 Ga. St. U. L. Rev. 247 (1992).
OPINIONS OF THE ATTORNEY
GENERAL
APPLICABILITY TO
LABOR ORGANIZATIONS. --O.C.G.A. § 21-5-43 limits local labor unions which are
"established, financed, maintained, or controlled" by the same labor
organization to making contributions for any one candidate not to exceed the
total aggregate maximum contribution provided for in that Code section; whether
any such local unions are deemed to be so affiliated with one labor
organization is a question to be determined on a case by case basis. 1994 Op.
Att'y Gen. No. 94-16.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-5-45
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 5. ETHICS IN GOVERNMENT > ARTICLE 2A. CONTRIBUTIONS TO CANDIDATES FOR PUBLIC OFFICE
§ 21-5-45. Limitations on contributions apply separately to
each election
Repealed
by Ga. L. 1994, p. 258, § 11, effective March 25, 1994.
Annotations
Notes
EDITOR'S NOTES. --
This Code section was based on Code 1981, Code Section 21-5-45, enacted by Ga. L. 1990, p. 922, § 6; Ga. L. 1992, p. 1075, § 13.
Research References & Practice Aids
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-5-51
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 5. ETHICS IN GOVERNMENT > ARTICLE 3. FINANCIAL DISCLOSURE STATEMENTS
§ 21-5-51. Inspection and copying of financial disclosure
statements
Financial
disclosure statements filed pursuant to this article shall be public records
and shall be subject to inspection and copying by any member of the public as
provided by law for other public records.
History
Code 1981, § 21-5-51, enacted by Ga. L. 1986, p. 957, § 1; Ga. L. 1987, p. 297, § 15; Ga. L. 2009, p. 620, § 6/SB 168; Ga. L. 2010, p. 1173, § 17/SB 17.
Annotations
Notes
EDITOR'S NOTES. --
Ga. L. 2010, p. 1173, § 1/SB 17, not codified by the General Assembly, provides: "This Act shall be known and may be cited as the 'Georgia Government Transparency and Campaign Finance Act of 2010.'"
Ga. L. 2010, p. 1173, § 30/SB 17, not codified by the General Assembly, provides, in part, that the amendment to this Code section applies to all reports filed on and after January 10, 2011.
Research References & Practice Aids
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-5-50
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 5. ETHICS IN GOVERNMENT
> ARTICLE 3. FINANCIAL DISCLOSURE STATEMENTS
§ 21-5-50. Filing by public officers; filing by candidates
for public office; filing by elected officials and members of the General
Assembly; electronic filing; transfer of filings from the Secretary of State to
the commission
(a)
(1) Except
as modified in subsection (c) of this Code section with respect to candidates
for state-wide elected public office, each public officer, as defined in
subparagraphs (A) through (D) of paragraph (22) of Code Section 21-5-3, shall
file with the commission not before the first day of January nor later than
July 1 of each year in which such public officer holds office other than an
election year a financial disclosure statement for the preceding calendar year;
and each person who qualifies as a candidate for election as a public officer,
as defined in subparagraphs (A) through (D) of paragraph (22) of Code Section
21-5-3, shall file with the commission, no later than the fifteenth day
following the date of qualifying as a candidate, a financial disclosure
statement for the preceding calendar year.
(2) Except
as set forth in paragraph (3) of this subsection, a public officer, as defined
in subparagraph (E) of paragraph (22) of Code Section 21-5-3, shall not be
required to file a financial disclosure statement pursuant to this Code
section. Each such public officer shall, however, be deemed to be a public
official for purposes of Code Section 45-10-26 and shall be subject to the
disclosure requirements set forth in Code Section 45-10-26. In addition, each
such public officer shall file with the commission, prior to January 31 each
year, an affidavit confirming that such public officer took no official action
in the previous calendar year that had a material effect on such public
officer's private financial or business interests.
(3) A
public officer, as defined in subparagraph (E) of paragraph (22) of Code
Section 21-5-3, who serves as a member of the commission shall be subject to
the requirements for filing financial disclosure statements set forth in
paragraph (1) of this subsection. In addition, each such public officer shall
file with the commission, together with the financial disclosure statement, an
affidavit confirming that such public officer took no official action in the
previous calendar year that had a material effect on such public officer's
private financial or business interests.
(3.1)A
public officer, as defined in subparagraphs (F) and (G) of paragraph (22) of
Code Section 21-5-3, shall make filings of the same kind and in the same manner
as provided in paragraph (1) of this subsection for other public officers
except that filings under this paragraph shall be made with the election
superintendent of the county in the case of public officers as defined in said
subparagraph (F) and shall be made with the municipal clerk in the municipality
of election or, if there is no clerk, with the chief executive officer of the
municipality in the case of public officers as defined in said subparagraph
(G). The election superintendent, municipal clerk, or chief executive officer,
as applicable, shall transmit, electronically by eFiling or eFax, a copy of
each such report to the commission not later than 30 days after the close of
the reporting period. No fine, fee, or sanction, including but not limited to
identifying a public officer as having filed late or failed to file, shall be
imposed by the commission on the public officer for the failure of the election
superintendent, municipal clerk, or chief executive officer to timely transmit
a copy of such report.
(4) Each
member of the State Transportation Board shall file a financial disclosure
statement for the preceding calendar year no later than the sixtieth day
following such member's election to the State Transportation Board. Thereafter,
each board member shall file by January 31 of each year a financial disclosure
statement for the preceding year. In addition, each board member shall file
with the commission, prior to January 31 of each year, an affidavit confirming
that such board member took no official action in the previous calendar year
that had a material effect on such board member's private financial or business
interests.
(5) The
commission or the applicable official under paragraph (3.1) of this subsection
shall review each financial disclosure statement to determine that such
statement is in compliance with the requirements of this chapter.
(6) A
public officer shall not, however, be required to file such a financial
disclosure statement for the preceding calendar year in an election year if
such public officer does not qualify for nomination for election to succeed
himself or herself or for election to any other public office subject to this
chapter. For purposes of this paragraph, a public officer shall not be deemed
to hold office in a year in which the public officer holds office for fewer
than 15 days.
(b) A
financial disclosure statement shall be in the form specified by the commission
and shall identify:
(1) Each
monetary fee or honorarium which is accepted by a filer from speaking
engagements, participation in seminars, discussion panels, or other activities
which directly relate to the official duties of the filer or the office of the
public officer, with a statement identifying the fee or honorarium accepted and
the person from whom it was accepted;
(2) All
fiduciary positions held by the candidate for public office or the filer, with
a statement of the title of each such position, the name and address of the
business entity, and the principal activity of the business entity;
(3) The
name, address, and principal activity of any business entity or investment,
exclusive of the names of individual stocks and bonds in mutual funds, and the
office held by and the duties of the candidate for public office or filer
within such business entity as of December 31 of the covered year in which such
candidate or officer has a direct ownership interest which:
(A) Is more than 5 percent of the total
interests in such business; or
(B) Has
a net fair market value of $5,000.00 or more;
(4) (A)
Each tract of real property in which the candidate for public office or filer
has a direct ownership interest as of December 31 of the covered year when that
interest has a fair market value of $5,000.00 or more. As used in this
paragraph, the term "fair market" value means the appraised value of
the property for ad valorem tax purposes. The disclosure shall contain the
county and state, general description of the property, and whether the fair
market value is between (i) $5,000.00 and $100,000.00; (ii) $100,000.01 and
$200,000.00; or (iii) more than $200,000.00.
(B) Each tract of real property in which
the candidate for public office's spouse or filer's spouse has a direct
ownership interest as of December 31 of the covered year when that interest has
a fair market value of $5,000.00 or more. The disclosure shall contain the
county and state, general description of the property, and whether the fair
market value is between (i) $5,000.00 and $100,000.00; (ii) $100,000.01 to
$200,000.00; (iii) or more than $200,000.00;
(5) The
filer's occupation, employer, and the principal activity and address of such
employer;
(6) The
filer's spouse's name, occupation, employer, and the principal activity and
address of such employer;
(7) If
the filer has actual knowledge of such ownership interest, the name of any business
or subsidiary thereof or investment, exclusive of the individual stocks, bonds,
or mutual funds, as of December 31 of the covered year in which the filer's
spouse or dependent children, jointly or severally, own a direct ownership
interest which:
(A) Is more than 5 percent of the total
interests in such business or investment, exclusive of the individual stocks
and bonds in mutual funds; or
(B) Has a net fair market value of more
than $10,000.00
or in which the filer's spouse or any dependent
child serves as an officer, director, equitable partner, or trustee; and
(8) (A)
As used in this paragraph, the term "agency" has the meaning provided
by Code Section 45-10-20.
(B) All annual payments in excess of
$10,000.00 received by the filer or any business entity identified in paragraph
(3) of this subsection from the state, any agency, department, commission, or
authority created by the state, and authorized and exempted from disclosure
under Code Section 45-10-25, and the agency, department, commission, or
authority making the payments, and the general nature of the consideration
rendered for the source of the payments. This paragraph shall not require the
disclosure of payments which have already been disclosed for purposes of any other
provision of this chapter.
(c) (1)
Each person who qualifies with a political party as a candidate for party
nomination to a public office elected state wide (including an incumbent public
officer elected state wide qualifying to succeed himself or herself) shall file
with the commission, not later than seven days after so qualifying, a financial
disclosure statement. Each person who qualifies as a candidate for election to
a public office elected state wide through a nomination petition or convention
shall likewise file a financial disclosure statement not later than seven days
after filing his or her notice of candidacy. Such financial disclosure
statement shall comply with the requirements of subsections (a) and (b) of this
Code section and shall in addition identify, for the preceding five calendar
years:
(A) Each
transaction or transactions which aggregate $9,000.00 or more in a calendar
year in which the candidate (whether for himself or herself or on behalf of any
business) or any business in which such candidate or any member of his or her
family has a substantial interest or is an officer of such business has
transacted business with the government of the State of Georgia, the government
of any political subdivision of the State of Georgia, or any agency of any such
government; and
(B) Each
transaction or transactions which aggregate $9,000.00 or more in a calendar
year in which the candidate or any business in which such candidate or any
member of his or her family has a substantial interest or is an officer of such
business received any income of any nature from any person who was at the time
of such receipt of income represented by a lobbyist registered with the
commission pursuant to Article 4 of this chapter.
(2) The financial disclosure statement
required by paragraph (1) of this subsection shall include an itemized list of
the transactions required to be reported, including the date of, dollar amount
of, and parties to each such transaction. However, with respect to any
transactions of a privileged nature only the total amount of such transactions
shall be required to be reported, and names, dates, amounts of individual
transactions, and other identifying data may be omitted; and for this purpose
"transactions of a privileged nature" shall include transactions
between attorney and client, transactions between psychiatrist and patient,
transactions between physician and patient, and any other transactions which
are by law of a similar privileged and confidential nature.
(3) The financial disclosure statement
required by paragraph (1) of this subsection shall be accompanied by a
financial statement of the candidate's financial affairs for the calendar year
prior to the year in which the election is held and the first quarter of the
calendar year in which the election is held.
(4) As used in this subsection, the
term:
(A) "Agency" means any agency,
authority, department, board, bureau, commission, committee, office, or
instrumentality of the State of Georgia or any political subdivision of the
State of Georgia.
(B) "Financial statement"
means a statement of a candidate's financial affairs in a form substantially
equivalent to the short form financial statement required for bank directors
under the rules of the Department of Banking and Finance.
(C) "Person" and
"transact business" shall have the meanings specified in Code Section
45-10-20.
(D) "Substantial interest"
means the direct or indirect ownership of 10 percent or more of the assets or
stock of any business.
(5) Notwithstanding any other provisions
of this subsection, if, due to a special election or otherwise, a person does
not qualify as a candidate for nomination or election to public office until
after the filing date otherwise applicable, such person shall make the filings
required by this subsection within seven days after so qualifying.
(d) All
state-wide elected officials and members of the General Assembly shall file
financial disclosure statements electronically with the commission. Local
officials referred to in subparagraph (F) or (G) of paragraph (22) of Code
Section 21-5-3 may file electronically if such method is made available or may
file by certified mail, statutory overnight delivery, or personal delivery.
Except when electronic filing is required, the mailing of the notarized
financial disclosure statement by United States mail with adequate postage
affixed within the required filing time as determined by the official United
States postage date cancellation shall be prima-facie evidence of filing.
(e) The
filing of any financial disclosure statement required under this article shall
constitute an affirmation that the statement is true, complete, and
correct.
(f)
(1) In
addition to other penalties provided in this chapter, a late fee of $125.00
shall be imposed by the person or entity with which filing is required for each
financial disclosure statement that is filed late, and notice of such late fee
shall be sent to the board member, candidate, and the candidate's committee in
the same manner by which the penalized report was filed with the commission.
However, if the report in question was not filed or was filed with the
commission in a manner other than electronic filing or certified mail, return
receipt requested, the commission shall use certified mail, return receipt
requested, to notify the candidate and the candidate's committee of the late
fee due. The notice shall include the schedule of increasing late fees for late
filings and the dates upon which such late fees shall be increased. In
addition, a late fee of $250.00 shall be imposed on the fifteenth day after the
due date for such statement if such statement has not been filed. A late fee of
$1,000.00 shall be imposed on the forty-fifth day after the due date for such
statement if the statement has not been filed. Campaign committee funds shall
not be used to pay such penalty. Notice by electronic means shall not satisfy
the requirements of this paragraph; and any increased late fees shall be stayed
until at least ten days after proper notice has been given as specified in this
paragraph.
(2) The
commission shall retain $25.00 of the first late fee received by the commission
for processing pursuant to the provisions of Code Section 45-12-92.1.
History
Code
1981, § 21-5-50, enacted by Ga. L. 1986, p. 957, § 1; Ga. L. 1987, p. 297, §§
13, 14; Ga. L. 1988, p. 603, § 6; Ga. L. 1989, p. 10, § 1; Ga. L. 1990, p. 922,
§§ 7, 8; Ga. L. 1992, p. 56, § 1; Ga. L. 1992, p. 1075, §§ 14, 15; Ga. L. 1993,
p. 118, § 1; Ga. L. 1994, p. 258, § 12;
Ga. L. 2005, p. 859, § 18/HB 48;
Ga. L. 2009, p. 620, § 5/SB 168;
Ga. L. 2010, p. 9, § 1-48/HB 1055;
Ga. L. 2010, p. 1173, § 16/SB 17;
Ga. L. 2011, p. 19, § 6/HB 232;
Ga. L. 2013, p. 173, § 6/HB 143;
Ga. L. 2013, p. 540, § 4/HB 142;
Ga. L. 2016, p. 173, § 8/SB 199;
Ga. L. 2020, p. 493, § 21/SB 429.
Annotations
Notes
THE 2020 AMENDMENT,
effective July 29, 2020, part of an Act to revise, modernize, and correct this
title, deleted subsection (g) which was formerly designated as reserved.
EDITOR'S NOTES. --
In light of the similarity of the statutory provisions,
opinions decided under the former chapter are included in the annotations for
this Code section.
Commentary
CODE COMMISSION NOTES. --
The amendment of this Code section by Ga. L. 2010, p. 9, § 1-48/HB 1055,
irreconcilably conflicted with and was treated as superseded by Ga. L. 2010, p. 1173, § 16/SB 17. See County
of Butts v. Strahan, 151 Ga. 417 (1921); Keener v. McDougall, 232 Ga. 273
(1974).
Pursuant to Code Section 28-9-3, in 2013,
the amendment of subsection (g) of this Code section by Ga. L. 2013, p. 173, § 6/HB 143, was treated
as impliedly repealed and superseded by
Ga. L. 2013, p. 540, § 4/HB 142, due to irreconcilable conflict. See
County of Butts v. Strahan, 151 Ga. 417 (1921); Keener v. McDougall, 232 Ga.
273 (1974) and Ga. L. 2013, p. 141, § 54(d)/HB 79.
EDITOR'S NOTES. --
Ga. L. 1993, p. 118, § 1 which amended this Code section,
contained an incorrect reference to Code Section 21-2-50. The correct reference
was to Code Section 21-5-50 (this Code section).
Ga. L. 2005, p. 859, § 28/HB 48, not
codified by the General Assembly, provides that the Act shall not apply to any
violation occurring prior to January 9, 2006.
Ga. L. 2010, p. 1173, § 1/SB 17, not
codified by the General Assembly, provides: "This Act shall be known and
may be cited as the 'Georgia Government Transparency and Campaign Finance Act
of 2010.'"
Ga. L. 2010, p. 1173, § 30/SB 17, not
codified by the General Assembly, provides, in part: "This Act shall
become effective on January 10, 2011, and shall apply to all reports filed on
and after such date; provided, however, that if Code Section 45-12-92.1 as
enacted by HB 1055 at the regular session of the 2010 General Assembly does not
become law, then the following provisions as enacted by this Act shall not
become effective and shall be reserved instead: paragraph (2) of subsection (k)
of Code Section 21-5-34; paragraph (2) of subsection (f) of Code Section
21-5-50; division (f)(2)(D)(ii) of Code Section 21-5-71; and division
(f)(2)(E)(ii) of Code Section 21-5-71." HB 1055 became effective May 12,
2010.
Ga. L. 2011, p. 19, § 10/HB 232, not
codified by the General Assembly, provides: "This Act shall become
effective upon its approval by the Governor or upon its becoming law without
such approval. It is the express intention of the General Assembly that this
Act be applied retroactively to January 10, 2011, as well as
prospectively." This Act became effective March 15, 2011.
LAW REVIEWS. --
For article, "Georgia Campaign Finance and Disclosure
Law," see 27 Ga. St. B. J. 175 (1991). For article on the 2005 amendment
of this Code section, see 22 Ga. St. U. L. Rev. 119 (2005). For article on the
2013 amendment of this Code section, see 30 Ga. St. U. L. Rev. 129 (2013).
For note on the 1992 amendments of this
Code section, see 9 Ga. St. U. L. Rev. 247 (1992).
Research References & Practice Aids
OPINIONS OF THE ATTORNEY
GENERAL
PROVISIONS
APPLICABLE TO CANDIDATES NOT CONTRIBUTORS. --The provisions of former §
21-5-5.1 applied only to candidates for state-wide office and did not apply to
persons who accept contributions for, make contributions to, or make
expenditures on behalf of candidates. 1985 Op. Att'y Gen. No. 85-61 (opinion
decided under provisions of former Code Section 21-5-5.1 similar to this Code
section).
FILING REQUIRED OF
PUBLIC OFFICERS SEEKING REELECTION. --A public officer who is seeking
reelection, and who has already filed an annual public officer financial
disclosure statement, is required to complete the two sections of the form
pertaining solely to public officers at the time that the officer intends to
qualify for reelection. 1987 Op. Att'y Gen. No. 87-26.
OFFICERS REQUIRE TO
FILE DISCLOSURE REPORTS. --Executive directors and members of state examining
boards, as well as other public officers defined in O.C.G.A. § 21-5-3(15), must
file financial disclosure reports required under the Financial Disclosure Act,
O.C.G.A. T. 21, Ch. 5. 1997 Op. Att'y Gen. No. 97-18.
IDENTIFYING PERSONS
NOT FILING TIMELY FINANCIAL DISCLOSURE STATEMENTS. --For duty, prior to 1988
amendment to O.C.G.A. § 21-5-53, to identify candidates or public officers who
have not timely filed their financial disclosure statements, see 1987 Op. Att'y
Gen. No. 87-26.
DISCLOSURE OF DIRECT
OWNERSHIP BY CANDIDATE OR PUBLIC OFFICER. --O.C.G.A. § 21-5-50(b)(3), as
amended in 1988, does not require the disclosure of the amount of direct
ownership a candidate or public officer owns in a business entity. 1988 Op.
Att'y Gen. No. 88-22.
DISCLOSURE OF A
PUBLIC OFFICER'S DIRECT OWNERSHIP INTEREST IN REAL PROPERTY is required
pursuant to O.C.G.A. § 21-5-50(b)(4) if the net fair market value of the
interest exceeds $20,000.00 as of December 31 of a covered year. 2000 Op. Atty.
Gen. No. U2000-10.
INTEREST IN
CORPORATELY OWNED REAL ESTATE. --A public officer or candidate, who owns more
than 10% or $20,000 interest in a corporation, must disclose an interest in
corporately owned real estate only if the officer has a legally enforceable
right to use the land for personal enjoyment or profit and the officer's
interest therein has a fair market value of more than $20,000. 1998 Op. Att'y
Gen. No. 98-7.
CANDIDATES FOR
ELECTION TO STATE-WIDE JUDICIAL OFFICE are not required to file the expanded
financial disclosure forms outlined in O.C.G.A. § 21-5-50(c). 1996 Op. Att'y
Gen. No. 96-9.
O.C.G.A. § 45-10-25
MUST BE CONSTRUED IN TANDEM WITH O.C.G.A. § 21-5-50(B)(5) and because salary,
expense reimbursements, and per diem payments are not payments which are
authorized and exempted from disclosure under § 45-10-25, paragraph (b)(5) does
not require that these payments be included on the financial disclosure
statement filed pursuant to § 21-5-50(a). 1989 Op. Att'y Gen. No. 89-23.
USE OF A "BLIND
TRUST" does not limit the information required to be disclosed in a public
officer's financial disclosure statement; individual assets and interests held
in a "blind trust" must be disclosed to the extent they are otherwise
subject to provisions of the Ethics in Government Act, O.C.G.A. § 21-5-1 et
seq. 2000 Op. Att'y Gen. No. 2000-6.
PRIVATE COLLEGES AND
UNIVERSITIES AUTHORITY is not a "state authority" for purposes of the
Ethics in Government Act, O.C.G.A. § 21-5-1 et seq., and, therefore, its
members need not file the disclosure forms required by O.C.G.A. § 21-5-50. 1999
Op. Att'y Gen. No. 99-5.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-5-53
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 5. ETHICS IN GOVERNMENT > ARTICLE 3. FINANCIAL DISCLOSURE STATEMENTS
§ 21-5-53. Public record
Repealed
by Ga. L. 2010, p. 1173, § 19/SB 17,
effective January 10, 2011.
Annotations
Notes
EDITOR'S NOTES. --
This Code section was based on Code 1981, § 21-5-53, enacted by Ga. L. 1986, p. 957, § 1; Ga. L. 1987, p. 297, § 17; Ga. L. 1988, p. 603, § 7.
Research References & Practice Aids
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-5-52
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 5. ETHICS IN GOVERNMENT > ARTICLE 3. FINANCIAL DISCLOSURE STATEMENTS
§ 21-5-52. Filing by mail
Repealed
by Ga. L. 2010, p. 1173, § 18/SB 17, effective
January 10, 2011.
Annotations
Notes
EDITOR'S NOTES. --
This Code section was based on Code 1981, § 21-5-52, enacted by Ga. L. 1986, p. 957, § 1; Ga. L. 1987, p. 297, § 16; Ga. L. 2005, p. 859, § 19/HB 48; Ga. L. 2009, p. 620, § 6/SB 168.
Ga. L. 2010, p. 1173, § 1/SB 17, not codified by the General Assembly, provides: "This Act shall be known and may be cited as the 'Georgia Government Transparency and Campaign Finance Act of 2010.'"
Ga. L. 2010, p. 1173, § 30/SB 17, not codified by the General Assembly, provides, in part, that the repeal of this Code section applies to all reports filed on and after January 10, 2011.
Research References & Practice Aids
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-5-70
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 5. ETHICS IN GOVERNMENT
> ARTICLE 4. PUBLIC OFFICIALS' CONDUCT AND LOBBYIST DISCLOSURE
§ 21-5-70. Definitions
As
used in this article, the term:
(1) "Expenditure":
(A) Means
a purchase, payment, distribution, loan, advance, deposit, or conveyance of
money or anything of value made for the purpose of influencing the actions of
any public officer, specifically including any such transaction which is made
on behalf of or for the benefit of a public employee for the purpose of
influencing a public officer;
(B) Includes
any other form of payment when such can be reasonably construed as designed to
encourage or influence a public officer;
(B.1) Includes reimbursement or payment of
expenses exceeding $75.00 provided to a public officer from any individual
lobbyist for transportation, travel, lodging, registration, food, and
beverages;
(C) Includes any gratuitous transfer,
payment, subscription, advance, or deposit of money, services, tickets for
admission to athletic, sporting, recreational, musical concert, or other
entertainment events, or anything of value, unless consideration of equal or
greater than face value is received;
(D) Includes reimbursement or payment of
expenses for recreational or leisure activities; and
(E) Does not include anything defined in
paragraph (4.1) of this Code section as a lobbying expenditure, the provisions
of subparagraphs (A) through (D) of this paragraph notwithstanding.
(2) "Filed"
means the delivery to the commission, as specified in this article, of a
document that satisfies the requirements of this article. A document is
considered delivered when it is electronically delivered to the commission or
placed in the United States mail within the required filing time, properly
addressed to the commission, as specified in this article, with adequate
postage affixed.
(3) "Identifiable
group of public officers" means a description that is specifically
determinable by available public records.
(4) "Lobbying"
means the activity of a lobbyist while acting in that capacity.
(4.1)"Lobbying expenditure"
means:
(A) Promotional items generally
distributed to the general public or to public officers and food and beverages
produced in Georgia;
(B) An award, plaque, certificate,
memento, or similar item given in recognition of the recipient's civic,
charitable, political, professional, or public service;
(C) Discounts, upgrades, memberships, or
other accommodations extended by a business to a bona fide customer; or
legitimate salary, benefits, fees, commissions, or expenses associated with a
recipient's nonpublic business, employment, trade, or profession;
(D) Food, beverages, and registration at
group events to which all members of an agency, as defined in paragraph (1) of
subsection (a) of Code Section 21-5-30.2, are invited. For purposes of this
subparagraph, an agency shall also include the House of Representatives, the
Senate, standing committees of such bodies but not for more than one of such
group events per committee per calendar year, caucuses of members of the
majority or minority political parties of the House or Senate, other caucuses
of the House or Senate as approved by the House Committee on Ethics or the
Senate Ethics Committee, and the governing body of each political subdivision
of this state;
(E) Campaign contributions or
expenditures as defined by Code Section 21-5-3 and reported as required by
Article 2 of this chapter;
(F) Reimbursement or payment of actual
and reasonable expenses provided to a public officer and his or her necessary
public employee staff members for such public officer's and staff members'
individual transportation, lodging, travel, and registration for attending
educational, informational, charitable, or civic meetings or conferences that
are held at locations within the United States and directly relate to the
official duties of that public officer or the office of that public officer,
plus food and beverages for such public officer, his or her necessary public
employee staff members, and spouse while attending such educational,
informational, charitable, or civic meetings or conferences;
(i) Does not qualify as a lobbying
expenditure under subparagraphs (A) through (F) of this paragraph; and
(ii) Would qualify as an expenditure
under subparagraph (B.1) of paragraph (1) of this Code section except that it
does not exceed an amount or value of $75.00 per person.
(5) "Lobbyist"
means:
(A) Any natural person who, either
individually or as an employee of another person, receives or anticipates
receiving more than $250.00 per calendar year in compensation or reimbursement
or payment of expenses specifically for undertaking to promote or oppose the
passage of any legislation by the General Assembly, or any committee of either
chamber or a joint committee thereof, or the approval or veto of legislation by
the Governor;
(B) Any natural person who makes a
lobbying expenditure of more than $1,000.00 in a calendar year, not including
the person's own travel, food, lodging expenses, or informational material, to
promote or oppose the passage of any legislation by the General Assembly, or
any committee of either chamber or a joint committee thereof, or the approval
or veto of legislation by the Governor;
(D) Any natural person who, either
individually or as an employee of another person, is compensated specifically
for undertaking to promote or oppose the passage of any ordinance or resolution
by a public officer specified under subparagraph (F) or (G) of paragraph (22)
of Code Section 21-5-3, or any committee of such public officers, or the
approval or veto of any such ordinance or resolution;
(E) Any natural person who makes a
lobbying expenditure of more than $1,000.00 in a calendar year, not including
the person's own travel, food, lodging expenses, or informational material, to
promote or oppose the passage of any ordinance or resolution by a public
officer specified under subparagraph (F) or (G) of paragraph (22) of Code
Section 21-5-3, or any committee of such public officers, or the approval or
veto of any such ordinance or resolution;
(F) Any natural person who as an
employee of local government engages in any activity covered under subparagraph
(D) of this paragraph;
(G) Any natural person who, for
compensation, either individually or as an employee of another person, is hired
specifically to undertake influencing a public officer or state agency in the
selection of a vendor to supply any goods or services to any state agency but
does not include any employee or independent contractor of the vendor solely on
the basis that such employee or independent contractor participates in soliciting
a bid or in preparing a written bid, written proposal, or other document
relating to a potential sale to a state agency and shall not include a bona
fide salesperson who sells to or contracts with a state agency for goods or
services and who does not otherwise engage in activities described in
subparagraphs (A) through (F) or (H) through (I) of this paragraph;
(H) Any natural person who, either
individually or as an employee of another person, is compensated specifically
for undertaking to promote or oppose the passage of any rule or regulation of
any state agency;
(I) Any natural person who, either
individually or as an employee of another person, is compensated specifically
for undertaking to promote or oppose any matter before the State Transportation
Board; or
(J) Any natural person who makes a
lobbying expenditure of more than $1,000.00 in a calendar year, not including
the person's own travel, food, lodging expenses, or informational material, to
promote or oppose any matter before the State Transportation Board.
(6) "Public
officer" means a member of the State Transportation Board and those public
officers specified under paragraph (22) of Code Section 21-5-3, except as
otherwise provided in this article and also includes any public officer or
employee who has any discretionary authority over, or is a member of a public
body which has any discretionary authority over, the selection of a vendor to
supply any goods or services to any state agency.
(7) "State
agency" means any branch of state government or any agency, authority,
department, board, bureau, commission, council, corporation, entity, or
instrumentality of this state or of a local political subdivision of this
state.
(8) "Vendor"
means any person who sells to or contracts with any state agency for the
provision of any goods or services.
History
Code
1981, § 21-5-70, enacted by Ga. L. 1992, p. 1075, § 16; Ga. L. 1994, p. 258, §
13; Ga. L. 1994, p. 277, § 1; Ga. L. 1996, p. 26, § 1; Ga. L. 2005, p. 859, § 20/HB 48; Ga. L.
2008, p. 261, § 1/SB 456; Ga. L. 2009,
p. 41, § 1/SB 47; Ga. L. 2010, p. 1173,
§ 20/SB 17; Ga. L. 2011, p. 19, § 7/HB
232; Ga. L. 2011, p. 569, § 3/SB
160; Ga. L. 2013, p. 540, § 2/HB
142; Ga. L. 2016, p. 173, §§ 9, 10/SB
199.
Annotations
Notes
EDITOR'S NOTES. --
Ga. L. 2005, p. 859,
§ 28/HB 48, not codified by the General Assembly, provides that the Act shall
not apply to any violation occurring prior to January 9, 2006.
Ga. L. 2010, p. 1173, § 1/SB 17, not codified
by the General Assembly, provides: "This Act shall be known and may be
cited as the 'Georgia Government Transparency and Campaign Finance Act of
2010.'"
Ga. L. 2010, p. 1173, § 30/SB 17, not
codified by the General Assembly, provides, in part, that the amendment to this
Code section applies to all reports filed on and after January 10, 2011.
Ga. L. 2011, p. 19, § 10/HB 232, not
codified by the General Assembly, provides: "This Act shall become
effective upon its approval by the Governor or upon its becoming law without
such approval. It is the express intention of the General Assembly that this
Act be applied retroactively to January 10, 2011, as well as
prospectively." This Act became effective March 15, 2011.
Case Notes
JUDICIAL DECISIONS
EDITOR'S NOTES. --In
light of the similarity of the statutory provisions, decisions under former
Code Section 28-7-1 are included in the annotations for this Code section.
OVERCOMING JUDGMENT
OF LEGISLATOR BY FAVORS AND PROMISES PROSCRIBED. --The definition of lobbying
which proscribed only contact "not addressed solely to the judgment"
of a member of the General Assembly meant activity aimed at overcoming the
independent judgment of a legislator through favors, promises, and the like,
rather than honest attempts to persuade the legislator to adopt a specific
point of view in the exercise of the legislator's independent judgment. Peacock
v. Georgia Mun. Ass'n, 247 Ga. 740, 279 S.E.2d 434 (1981) (decided under former
§ 28-7-1).
POLITICAL
SUBDIVISION NOT TO SPEND TAX MONEYS TO INFLUENCE VOTERS. --The expenditure of
tax moneys by a political subdivision to influence the citizens and voters of
that political subdivision was far different from the expenditure of tax moneys
to inform and influence the General Assembly on behalf of these citizens and
voters in regard to issues involving the respective political subdivision; the
expenditure by a political subdivision of public money to influence the
citizens and voters of the entity contained within it the possibility of the
corrupt use of influence to perpetuate a local administrator's power. Peacock
v. Georgia Mun. Ass'n, 247 Ga. 740, 279 S.E.2d 434 (1981) (decided under former
§ 28-7-1).
Research References & Practice Aids
CROSS REFERENCES. --
Prohibition against contributions by corporations for
purpose of influencing vote, judgment, or action of officer of state, §
14-5-6.Bribery of state officials, § 16-10-2. Criminal penalty for action by
public officer or employee who asks for or receives thing of value in return
for agreement to seek passage or defeat of legislation, §§ 16-10-4,
16-10-5.
ADMINISTRATIVE RULES AND
REGULATIONS. --
Vendor relationships, Official Compilation of the Rules and
Regulations of the State of Georgia, Department of Community Health
Administration, Chapter 111-1-2.
LAW REVIEWS. --
For article discussing the weaknesses in Georgia statutes
prohibiting lobbying, and the effect of such law on lawyers, see 5 Mercer L.
Rev. 311 (1954). For article on the 2005 amendment of this Code section, see 22
Ga. St. U. L. Rev. 119 (2005). For article on the 2013 amendment of this Code
section, see 30 Ga. St. U. L. Rev. 129 (2013).
For note on the
1994 amendment of this Code section, see 11 Ga. St. U. L. Rev. 193 (1994).
OPINIONS OF THE ATTORNEY
GENERAL
PERSONS REQUIRED TO
COMPLY WITH ACT. --Persons who fall within the definition of a lobbyist in
relation to county or municipal matters, as defined under O.C.G.A. §
21-5-70(6)(D), (E), and (F), must comply with the registration and reporting
requirements of the Public Officials Conduct and Lobbyist Disclosure Act,
O.C.G.A. § 21-5-70 et seq. 1995 Op. Att'y Gen. No. U95-2.
COMPENSATED OFFICERS
OF UNIONS AND BUSINESS ORGANIZATIONS. --Compensated officers of unions or
business organizations who express their opinions on proposed or pending
legislation to members of the General Assembly on behalf of such entities must
register as lobbyists in accordance with the Public Officials Conduct and
Lobbyist Disclosure Act of 1992, O.C.G.A. § 21-5-70 et seq. 1993 Op. Att'y Gen.
No. U93-2.
MEMBER OF STATE
ETHICS COMMISSION. --So long as a member of the State Ethics Commission who is
an attorney refrains from lobbying, lawyers and others affiliated with the
member's law firm may, depending upon the particular facts and circumstances of
each case, engage in lobbying without affecting the member's service. 2002 Op.
Att'y Gen. No. 2002-4.
AM. JUR. 2D. --
51 Am. Jur. 2d, Lobbying, § 1 et seq.
C.J.S. --
16B C.J.S., Constitutional Law, § 1107 et seq.
ALR. --
Validity of lobbying contracts, 67 A.L.R. 684.
Validity and
construction of state and municipal enactments regulating lobbying, 42 A.L.R.3d
1046.
Validity,
construction, and application of state and municipal enactments regulating
lobbying and of lobbying contracts, 35 A.L.R.6th 1.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. TITLE 21 Chapter 5 Article 4
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 5. ETHICS IN GOVERNMENT > ARTICLE 4. PUBLIC OFFICIALS' CONDUCT AND LOBBYIST DISCLOSURE
TITLE 21 Chapter 5 Article 4 NOTE
Annotations
Research References & Practice Aids
LAW REVIEWS. --
For article, "Lobbying in the Shadows: Religious Interest Groups in the Legislative Process," see 64 Emory L.J. 1041 (2015).
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-5-71
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 5. ETHICS IN GOVERNMENT > ARTICLE 4. PUBLIC OFFICIALS' CONDUCT AND
LOBBYIST DISCLOSURE
§ 21-5-71. Registration required; application for
registration; supplemental registration; expiration; docket; fees;
identification cards; public rosters; exemptions
(a)
(1) Subject
to paragraph (2) of this subsection and except as otherwise provided by
subsection (i) of this Code section, no person shall engage in lobbying as
defined by this article unless such person is registered with the commission as
a lobbyist. The commission shall not allow a person who has been convicted of a
felony involving moral turpitude in the courts of this state or an offense
that, had it occurred in this state, would constitute a felony involving moral
turpitude under the laws of this state to become a registered lobbyist unless
ten years or more have elapsed since the completion of the person's sentence.
The administration of this article is vested in the commission.
(2) When
a person is hired or retained as an employee or agent or independent contractor
and under the agreement of the parties the primary duties, or a substantial
part of the duties, of the person will involve lobbying activities, the person
shall register as a lobbyist before commencing lobbying activities.
(b) Each
lobbyist who is required to register under this article shall file an
application for registration with the commission. The application shall be
verified by the applicant and shall contain:
(1) The
applicant's name, address, and telephone number;
(2) The
name, address, and telephone number of the person or agency that employs,
appoints, or authorizes the applicant to lobby on its behalf;
(3) A
statement of the general business or purpose of each person, firm, corporation,
association, or agency the applicant represents;
(4) If the applicant represents a
membership group other than an agency or corporation, the general purpose and
approximate number of members of the organization;
(5) A
statement signed by the person or agency employing, appointing, or authorizing
the applicant to lobby on its behalf;
(6) If the applicant is a lobbyist
attempting to influence rule making or purchasing by a state agency or
agencies, the name of the state agency or agencies before which the applicant
engages in lobbying;
(7) A statement disclosing each
individual or entity on whose behalf the applicant is registering if such
individual or entity has agreed to pay him or her an amount exceeding
$10,000.00 in a calendar year for lobbying activities;
(8) A statement verifying that the
applicant has not been convicted of a felony involving moral turpitude in the
courts of this state or an offense that, had it occurred in this state, would constitute
a felony involving moral turpitude under the laws of this state or, if the
applicant has been so convicted, a statement identifying such conviction, the
date thereof, a copy of the person's sentence, and a statement that more than
ten years have elapsed since the completion of his or her sentence; and
(9) A
statement by the applicant verifying that the applicant has received the
Georgia General Assembly Employee Sexual Harassment Policy as set forth in the
Georgia General Assembly Handbook, has read and understands the policy, and
agrees to abide by the policy.
The commission shall retain on file the
statement required pursuant to paragraph (9) of this subsection and any renewal
statements under subsection (d) of this Code section for the duration of the
lobbyist's registration period. A copy of such statement shall be sent to the
Legislative Fiscal Office.
(c) The
lobbyist shall, prior to any substantial or material change or addition, file a
supplemental registration indicating such substantial or material change or
addition to the registration prior to its expiration. Previously filed
information may be incorporated by reference. Substantial or material changes
or additions shall include, but are not limited to, the pertinent information
concerning changes or additions to client and employment information required
by paragraphs (2), (3), (4), (6), and (7) and conviction status required by
paragraph (8) of subsection (b) of this Code section.
(d) Each
registration under this Code section shall expire on December 31 of each year.
The commission may establish renewal procedures for those applicants desiring
continuous registrations. Previously filed information may be incorporated by
reference; provided, however, that the statement regarding the sexual
harassment policy required under paragraph (9) of subsection (b) of this Code
section shall be signed and filed each year as a part of the renewal
process.
(e) The
commission shall provide a suitable public docket for registration under this
Code section with appropriate indices and shall enter promptly therein the
names of the lobbyists and the organizations they represent.
(f)
(1) Each person registering under this
Code section shall pay the registration fees set forth in paragraph (2) of this
subsection; provided, however, that a person who represents any state, county,
municipal, or public agency, department, commission, or authority shall be
exempted from payment of such registration fees.
(2) (A) There shall be no charge for
annual lobbyist registration or renewal filed pursuant to this Code section;
provided, however, that the commission shall set, collect, and retain the fees
for the following items:
(i) Lobbyist identification card issued
pursuant to this Code section;
(ii) Lobbyist supplemental registration
filed pursuant to this Code section; and
(iii) Each replacement of a lobbyist
identification card issued pursuant to this Code section.
(i) For reports filed when the General
Assembly is not in session, in addition to other penalties provided under this
chapter, a late fee of $275.00 shall be imposed for each report that is filed
late. In addition, a late fee of $1,000.00 shall be imposed on the fifteenth
day after the due date for such report if the report has not been filed. A late
fee of $10,000.00 shall be imposed on the forty-fifth day after the due date
for such report if the report has not been filed.
(ii) The commission shall retain $25.00
of the first late fee received for processing pursuant to the provisions of
Code Section 45-12-92.1.
(i) For reports filed when the General
Assembly is in session, in addition to other penalties provided under this
chapter, a late fee of $275.00 shall be imposed for each report that is filed
late. In addition, a late fee of $1,000.00 shall be imposed on the seventh day
after the due date for such report if the report has not been filed. A late fee
of $10,000.00 shall be imposed on the twenty-first day after the due date for
such report if the report has not been filed.
(ii) The commission shall retain $25.00
of the first late fee received for processing pursuant to the provisions of
Code Section 45-12-92.1.
(g) As
soon as practicable after registering any such person, the commission shall
issue to such person an identification card which shall have printed thereon
the name of the lobbyist, a color photograph of the lobbyist, and the person or
agency such lobbyist represents, provided that, when any such person represents
more than one entity, such identification card shall have printed thereon the
name of the registered person and the word "LOBBYIST." Each lobbyist
while engaged in lobbying at the capitol or in a government facility shall
display said identification in a readily visible manner.
(h) The
commission shall regularly publish in print or electronically public rosters of
lobbyists along with the respective persons, firms, corporations, associations,
agencies, or governmental entities they represent. During sessions of the
General Assembly, the commission shall weekly report to the Clerk of the House
of Representatives, the Secretary of the Senate, and the Governor those persons
who have registered as lobbyists since the convening of the General Assembly.
The commission shall be authorized to charge a reasonable fee for providing
copies of the roster to the public.
(i) The
registration provisions of this Code section shall not apply to:
(1) Any individual who communicates
personal views, interests, or professional opinions on that individual's own
behalf to any public officer;
(1.1)An
employee or independent contractor of a vendor who solely participates in
soliciting a bid or in preparing a written bid, written proposal, or other
document relating to a potential contract with a state or local government
agency or a bona fide salesperson who sells to or contracts with a state or
local government agency for goods or services, is not hired specifically to
undertake influencing a public officer or state agency in the selection of a
vendor to supply any goods or services to any state agency, and does not engage
in other activities which would make such person a lobbyist;
(2) Any person who is invited by a
public agency or governmental entity to appear before a committee or at a
hearing of such agency or entity, including but not limited to a committee of
either chamber of the General Assembly or a joint committee thereof, for the
purpose of giving testimony so long as such person clearly identifies himself
or herself and the interested party on whose behalf he or she is testifying;
(3) Any person who is invited to furnish
information upon the specific request of a public agency or governmental
entity, including but not limited to a committee of either chamber of the
General Assembly or a joint committee thereof, so long as such person clearly
identifies himself or herself and the interested party on whose behalf he or
she furnishes such information;
(3.1)Any
individual who is not compensated for the specific purpose of lobbying, does
not incur more than $250.00 per calendar year in reimbursable lobbying
expenditures, and is a member, director, trustee, officer, or committee member
of a business, trade, labor, farm, professional, religious, educational, or
charitable association, foundation, or organization which employs or contracts
with a registered lobbyist for the purpose of lobbying;
(4) Any
licensed attorney appearing on behalf of or representing a client, and any
staff employed by such attorney, when such attorney is not compensated for the
specific purpose of lobbying;
(5) Any
person employed or appointed by a lobbyist registered pursuant to this Code
section whose duties and activities do not include lobbying;
(6) Elected public officers or appointed
public officials performing the official duties of their public office or
position;
(6.1)Any
employee of the executive or judicial branch of state government; provided,
however, that when such an employee is acting on behalf of such government
employer, meeting with or appearing before a public officer other than one from
the same branch of government which employs such employee, and engaged in
activity for which registration would otherwise be required under this Code
section, such employee shall be required to display an identification card,
issued by such employer, which shall have printed thereon the employee's name
and the name of the employer; or
(7) Any public employee, aide, or intern
who performs services at the direction of a member of the General Assembly
including, but not limited to, drafting petitions, bills, or resolutions;
attending the taking of testimony; collating facts; preparing arguments and
memorials and submitting them orally or in writing to a committee or member of
the General Assembly; and other services of like character intended to reach
the reason of the legislators.
History
Code
1981, § 21-5-71, enacted by Ga. L. 1992, p. 1075, § 16; Ga. L. 1994, p. 258, §
14; Ga. L. 2005, p. 859, § 21/HB
48; Ga. L. 2010, p. 9, § 1-49/HB 1055; Ga. L. 2010, p. 838, § 10/SB 388; Ga. L. 2010, p. 1173, § 21/SB 17; Ga. L. 2011, p. 19, § 8/HB 232; Ga. L. 2013, p. 540, § 5/HB 142; Ga. L. 2016, p. 173, § 11/SB 199; Ga. L. 2017, p. 774, § 21/HB 323; Ga. L. 2018, p. 994, § 1/HB 973.
Annotations
Notes
THE 2017 AMENDMENT,
effective May 9, 2017, part of an Act to revise, modernize, and correct the
Code, added "or" at the end of paragraph (i)(6.1).
THE 2018 AMENDMENT,
effective July 1, 2018, deleted "and" at the end of paragraph (b)(7);
added "; and" at the end of paragraph (b)(8); added paragraph (b)(9);
and added the proviso at the end of subsection (d).
EDITOR'S NOTES. --
In light of the similarity of the statutory provisions,
opinions decided under former Code 1933, § 47-1002 and former Code Section
28-7-2 are included in the annotations for this Code section.
Commentary
CODE COMMISSION NOTES. --
The amendments to subparagraphs (f)(2)(D) and (f)(2)(E) of
this Code section by Ga. L. 2010, p. 9, § 1-49, irreconcilably conflicted with
and were treated as superseded by Ga. L. 2010, p. 1173, § 21. See County of
Butts v. Strahan, 151 Ga. 417 (1921); Keener v. McDougall, 232 Ga. 273
(1974).
EDITOR'S NOTES. --
Ga. L. 2005, p. 859,
§ 28/HB 48, not codified by the General Assembly, provides that the Act shall
not apply to any violation occurring prior to January 9, 2006.
Ga. L. 2010, p. 1173, § 1/SB 17, not
codified by the General Assembly, provides: "This Act shall be known and
may be cited as the 'Georgia Government Transparency and Campaign Finance Act
of 2010.'"
Ga. L. 2010, p. 1173, § 304/SB 17, not
codified by the General Assembly, provides: "This Act shall become
effective on January 10, 2011, and shall apply to all reports filed on and
after such date; provided, however, that if Code Section 45-12-92.1 as enacted
by HB 1055 at the regular session of the 2010 General Assembly does not become
law, then the following provisions as enacted by this Act shall not become
effective and shall be reserved instead: paragraph (2) of subsection (k) of
Code Section 21-5-34; paragraph (2) of subsection (f) of Code Section 21-5-50;
division (f)(2)(D)(ii) of Code Section 21-5-71; and division (f)(2)(E)(ii) of
Code Section 21-5-71." HB 1055 became effective May 12, 2010.
Ga. L. 2011, p. 19, § 10/HB 232, not
codified by the General Assembly, provides: "This Act shall become
effective upon its approval by the Governor or upon its becoming law without
such approval. It is the express intention of the General Assembly that this
Act be applied retroactively to January 10, 2011, as well as
prospectively." This Act became effective March 15, 2011.
LAW REVIEWS. --
For article on the 2005 amendment of this Code section, see
22 Ga. St. U. L. Rev. 119 (2005). For article on the 2013 amendment of this
Code section, see 30 Ga. St. U. L. Rev. 129 (2013).
Research References & Practice Aids
OPINIONS OF THE ATTORNEY
GENERAL
COMPENSATED OFFICERS
OF UNIONS AND BUSINESS ORGANIZATIONS. --Compensated officers of unions or
business organizations who express their opinions on proposed or pending
legislation to members of the General Assembly on behalf of such entities must
register as lobbyists in accordance with the Public Officials Conduct and
Lobbyist Disclosure Act of 1992, O.C.G.A. § 21-5-70 et seq. 1993 Op. Att'y Gen.
No. U93-2.
NONRESIDENT
LOBBYISTS MUST REGISTER. --Persons, who reside outside of the state and who
desire to aid or oppose legislation, must register regardless of whether they
intend to appear in person to speak with members of the General Assembly. 1988
Op. Att'y Gen. No. 88-23 (decided under former § 28-7-2).
IT IS UNNECESSARY
FOR A PERSON TO APPEAR IN PERSON IN ORDER TO REGISTER so long as the person
files a writing containing the required information. 1988 Op. Att'y Gen. No.
88-23 (decided under former § 28-7-2).
TIME OF ISSUANCE OF
REGISTRATION CARD. --Person does not have to be issued identification card
immediately upon registration, but must be issued an identification card as
soon as it is feasible to do so. The Secretary of State may make a provision
for the issuance of a picture identification card in addition to the card
provided for by statute. 1988 Op. Att'y Gen. No. 88-23 (decided under former §
28-7-2).
EXEMPTIONS FROM
REGISTRATION. --State, county and city officials, employees and their
representatives who intend, in their official capacities, to aid or oppose the
enactment of any bill by either House of the General Assembly are not required
to register with the Secretary of State, since nothing in the chapter, or in
former subsection (a) of former Code 1933, § 47-1002, specifically made the
statute applicable to the state or its political subdivisions. 1975 Op. Att'y
Gen. No. 75-28 (decided under former Code 1933, § 47-1002).
To the extent
that an organization is comprised solely of political subdivisions and the
elected representatives thereof, and is funded solely from public funds paid by
the political subdivisions represented by the organization, the exemption given
officials and employees of political subdivisions would extend to such
organizations. 1975 Op. Att'y Gen. No. 75-28 (decided under former Code 1933, §
47-1002).
AM. JUR. 2D. --
17A Am. Jur. 2d, Contracts, § 266 et seq.
C.J.S. --
16D C.J.S., Constitutional Law, § 2241. 17 C.J.S., Contracts,
§§ 284, 285.
ALR. --
Validity of lobbying contracts, 67 A.L.R. 684.
Validity,
construction, and application of state and municipal enactments regulating
lobbying and lobbying contracts, 35 A.L.R.6th 1.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-5-72
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 5. ETHICS IN GOVERNMENT
> ARTICLE 4. PUBLIC OFFICIALS' CONDUCT AND LOBBYIST DISCLOSURE
§ 21-5-72. Denial, suspension, or revocation of
registration; reinstatement; civil penalty
(a) In
addition to other penalties provided in this article, the commission may by
order deny, suspend, or revoke for a period not to exceed one year the
registration of a lobbyist if it finds that the lobbyist:
(1) Has
filed an application for registration with the commission which was incomplete
in a material respect or contained a statement that was, in light of the
circumstances under which it was made, false or misleading with respect to a
material fact;
(2) Has
willfully violated or willfully failed to comply with this article or a rule
promulgated by the commission under this article;
(3) Has
failed to comply with the reporting requirements of this article; or
(4) Has
engaged in lobbying practices in violation of this article.
(b) Application
may be made to the commission for reinstatement. Such reinstatement shall be
conducted in the same manner as required for an initial registration under this
article and shall be conditioned upon payment of the same registration fees
applicable to an initial registration and also any outstanding penalty
fees.
(c) Any
person failing to comply with or violating any of the provisions of this
article shall be subject to a civil penalty not to exceed $2,000.00 per
violation.
History
Code
1981, § 21-5-72, enacted by Ga. L. 1992, p. 1075, § 16.
Annotations
Research References & Practice Aids
ALR. --
Validity, construction, and application of state and
municipal enactments regulating lobbying and lobbying contracts, 35 A.L.R.6th
1.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-5-73
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 5. ETHICS IN GOVERNMENT
> ARTICLE 4. PUBLIC OFFICIALS' CONDUCT AND LOBBYIST DISCLOSURE
§ 21-5-73. Disclosure reports
(a) Each
lobbyist registered under this article shall file disclosure reports as
provided for in this Code section in the electronic format specified by the
commission.
(b) A
person who is required to register under this article and lobbies to promote or
oppose the passage of any legislation by the General Assembly, or any committee
of either chamber or a joint committee thereof, or the approval or veto of
legislation by the Governor shall file a semimonthly disclosure report on the
first and fifteenth day of each month, current through the end of the preceding
report, beginning January 15 and continuing throughout the period that the
General Assembly is in session.
(c) A
person who is required to register under this article and lobbies to promote or
oppose the passage of any ordinance or resolution by a public officer specified
under subparagraph (F) or (G) of paragraph (22) of Code Section 21-5-3, or any
committee of such public officers, or the approval or veto of any such
ordinance or resolution shall:
(1) File
a disclosure report, current through the end of the preceding month, on or
before the fifth day of May, September, and January of each year instead of the
reports required by subsections (b) and (d) of this Code section; and
(2) File
such report with the commission, file a copy of such report with the election
superintendent of each county involved if the report contains any lobbying
expenditures relating to county or county school district affairs, and file a
copy of such report with the municipal clerk (or if there is no municipal
clerk, with the chief executive officer of the municipality) of each
municipality involved if the report contains any lobbying expenditures relating
to municipal affairs or independent school district affairs.
(d) A
person who is required to register under this article and:
(1) Lobbies
to promote or oppose the passage of any legislation by the General Assembly, or
any committee of either chamber or a joint committee thereof, or the approval
or veto of legislation by the Governor;
(2) As
an employee of the executive branch or judicial branch of local government,
lobbies to promote or oppose the passage of any ordinance or resolution by a
public officer specified under subparagraph (F) or (G) of paragraph (22) of
Code Section 21-5-3, or any committee of such public officers, or the approval
or veto of any such ordinance or resolution;
(3) Lobbies
to influence a public officer or state agency in the selection of a vendor to
supply any goods or services to any state agency; or
(4) Lobbies
to promote or oppose any matter before the State Transportation Board
shall file a monthly disclosure report,
current through the end of the preceding period, on or before the fifth day of
each month; provided, however, that such monthly reports shall not be filed
during any period that the lobbyist files a semimonthly report pursuant to
subsection (b) of this Code section.
(e) Reports
filed by lobbyists shall be verified and shall include:
(1) A
description of all lobbying expenditures described in subparagraphs (D), (F),
and (G) of paragraph (4.1) of Code Section 21-5-70, or the value thereof made
on behalf of or for the benefit of a public officer or on behalf of or for the
benefit of a public employee for the purpose of influencing a public officer by
the lobbyist or employees of the lobbyist or by any person on whose behalf the
lobbyist is registered if the lobbyist has actual knowledge of such lobbying
expenditure. The description of each reported lobbying expenditure shall
include:
(A) The name and title of the public
officer or public employee or, if the lobbying expenditure is simultaneously
incurred for an identifiable group of public officers or public employees the
individual identification of whom would be impractical, a general description
of that identifiable group;
(B) The amount, date, and description of
the lobbying expenditure and a summary of all spending classified by category.
Such categories shall include meals, lodging, travel, and tickets;
(C) The aggregate lobbying expenditures
described in subparagraph (D) of paragraph (4.1) of Code Section 21-5-70
incurred during the reporting period; provided, however, that expenses for
travel and for food, beverage, and lodging in connection therewith afforded a
public officer or public employee shall be reported in the same manner as under
subparagraphs (A), (B), and (D) of this paragraph;
(D) If applicable, the number of the
bill, resolution, ordinance, or regulation pending before the governmental entity
in support of or opposition to which the lobbying expenditure was made;
and
(E) If applicable, the rule or
regulation number or description of the rule or regulation pending before the
state agency in support of or opposition to which the lobbying expenditure was
made;
(1.1)In
any case where lobbying expenditures are reported pursuant to subparagraph (A)
of paragraph (1) of this subsection for an identifiable group not listed in
subparagraph (D) of paragraph (4.1) of Code Section 21-5-70, the lobbyist shall
certify on the disclosure report that no lobbying expenditure made on behalf of
or for the benefit of any individual public officer exceeded $75.00;
(2) For
those who are required to register under this article and lobby to influence a
public officer or state agency in the selection of a vendor to supply any goods
or services to any state agency, the name of any vendor or vendors for which
the lobbyist undertook to influence the awarding of a contract or contracts by
any state agency together with a description of the contract or contracts and
the monetary amount of the contract or contracts; and
(3) For
those who are required to register under this article and lobby to promote or
oppose the passage of any rule or regulation of any state agency, the name of
the individual or entity for which the lobbyist undertook to influence the rule
or regulation of a state agency.
(f) The
reports required by this article shall be in addition to any reports required
under Code Section 45-1-6, relating to required reports by state vendors of
gifts to public employees. Compliance with this Code section shall not excuse
noncompliance with that Code section, and compliance with that Code section
shall not excuse noncompliance with this Code section, notwithstanding the fact
that in some cases the same information may be required to be disclosed under
both Code sections.
(g) The
electronic filing of any disclosure report required by this article shall
constitute an affirmation that such report is true, complete, and correct.
(h) Reserved.
(i) All lobbyists shall have a grace
period of three business days in filing all disclosure reports.
History
Code
1981, § 21-5-73, enacted by Ga. L. 1992, p. 1075, § 16; Ga. L. 1994, p. 258, §§
15, 16; Ga. L. 2005, p. 859, § 22/HB
48; Ga. L. 2010, p. 1173, § 22/SB
17; Ga. L. 2011, p. 19, § 9/HB
232; Ga. L. 2011, p. 569, § 4/SB 160; Ga. L. 2013, p. 540, § 7/HB 142; Ga. L. 2019, p. 1056, § 21/SB 52.
Annotations
Notes
THE 2019 AMENDMENT,
effective May 12, 2019, part of an Act to revise, modernize, and correct the
Code, in paragraph (e)(1.1), substituted "this subsection" for
"this Code section" and "subparagraph (D) of paragraph
(4.1)" for "subparagraph (D) of paragraph (1)".
Commentary
CODE COMMISSION NOTES. --
Pursuant to Code Section 28-9-5, in 2013, a semicolon was
substituted for the period at the end of paragraph (e)(1.1).
EDITOR'S NOTES. --
Ga. L. 2005, p. 859,
§ 28/HB 48, not codified by the General Assembly, provides that the Act shall
not apply to any violation occurring prior to January 9, 2006.
Ga. L. 2010, p. 1173, § 1/SB 17, not
codified by the General Assembly, provides: "This Act shall be known and
may be cited as the 'Georgia Government Transparency and Campaign Finance Act
of 2010.'"
Ga. L. 2010, p. 1173, § 30/SB 17, not
codified by the General Assembly, provides, in part, that the amendment to this
Code section applies to all reports filed on and after January 10, 2011.
Ga. L. 2011, p. 19, § 10/HB 232, not
codified by the General Assembly, provides: "This Act shall become
effective upon its approval by the Governor or upon its becoming law without
such approval. It is the express intention of the General Assembly that this Act
be applied retroactively to January 10, 2011, as well as prospectively."
This Act became effective March 15, 2011.
LAW REVIEWS. --
For article on the 2005 amendment of this Code section, see
22 Ga. St. U. L. Rev. 119 (2005). For article on the 2013 amendment of this
Code section, see 30 Ga. St. U. L. Rev. 129 (2013).
Research References & Practice Aids
ALR. --
Validity, construction, and application of state and
municipal enactments regulating lobbying and lobbying contracts, 35 A.L.R.6th
1.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-5-76
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 5. ETHICS IN GOVERNMENT
> ARTICLE 4. PUBLIC OFFICIALS' CONDUCT AND LOBBYIST DISCLOSURE
§ 21-5-76. Contingent fees for lobbying prohibited;
unauthorized persons on the floor while the General Assembly is in session
(a) No
person, firm, corporation, or association shall retain or employ a lobbyist for
compensation contingent, in whole or in part, upon the passage or defeat of any
legislative measure, upon the adoption or decision not to adopt any state
agency rule or regulation, or upon the granting or awarding of any state
contract. No lobbyist shall be employed for compensation contingent, in whole
or in part, upon the passage or defeat of any legislation, upon the adoption or
decision not to adopt any state agency rule or regulation, or upon the granting
or awarding of any state contract.
(b) It
shall be unlawful for any person registered pursuant to the requirements of
this article or for any other person, except as authorized by the rules of the
House of Representatives or Senate, to be on the floor of either chamber of the
General Assembly while the same is in session.
History
Code
1981, § 21-5-76, enacted by Ga. L.
2005, p. 859, § 23/HB 48; Ga. L. 2010,
p. 1173, § 23/SB 17.
Annotations
Notes
EDITOR'S NOTES. --
Ga. L. 2005, p. 859,
§ 28/HB 48, not codified by the General Assembly, provides that the Act shall
not apply to any violation occurring prior to January 9, 2006.
Ga. L. 2010, p. 1173, § 1/SB 17, not
codified by the General Assembly, provides: "This Act shall be known and
may be cited as the 'Georgia Government Transparency and Campaign Finance Act
of 2010.'"
Ga. L. 2010, p. 1173, § 30/SB 17, not
codified by the General Assembly, provides, in part, that the amendment to this
Code section applies to all reports filed on and after January 10, 2011.
Research References & Practice Aids
LAW REVIEWS. --
For article on the 2005 enactment of this Code section, see
22 Ga. St. U. L. Rev. 119 (2005).
ALR. --
Validity, construction, and application of state and
municipal enactments regulating lobbying and lobbying contracts, 35 A.L.R.6th
1.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-5-74
Current through the 2020 Regular Session of the General Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 5. ETHICS IN GOVERNMENT > ARTICLE 4. PUBLIC OFFICIALS' CONDUCT AND LOBBYIST DISCLOSURE
§ 21-5-74. Postemployment restrictions on lobbyists
A
lobbyist shall not be eligible for executive appointment to any board,
authority, commission, or bureau created and established by the laws of this
state which regulates the activities of a business, firm, corporation, or
agency that the lobbyist represented until one year after the expiration of the
lobbyist's registration for that business, firm, corporation, or agency.
History
Code 1981, § 21-5-74, enacted by Ga. L. 2005, p. 859, § 23/HB 48.
Annotations
Notes
EDITOR'S NOTES. --
Ga. L. 2005, p. 859, § 28/HB 48, not codified by the General Assembly, provides that the Act shall not apply to any violation occurring prior to January 9, 2006.
Research References & Practice Aids
LAW REVIEWS. --
For article on the 2005 enactment of this Code section, see 22 Ga. St. U. L. Rev. 119 (2005).
ALR. --
Validity, construction, and application of state and municipal enactments regulating lobbying and lobbying contracts, 35 A.L.R.6th 1.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF GEORGIA
ANNOTATED
End of Document
O.C.G.A. § 21-5-72.1
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia
Annotated
> TITLE 21. ELECTIONS
> CHAPTER 5. ETHICS IN GOVERNMENT
> ARTICLE 4. PUBLIC OFFICIALS' CONDUCT AND LOBBYIST DISCLOSURE
§ 21-5-72.1. Regulation of certain contact between lobbyists
and members of the General Assembly; making or acceptance of certain
expenditures
(a) No
person who is required by the law of this state to register as a lobbyist shall
meet at the state capitol, Coverdell Legislative Office Building, or other
state government facility with any member of the General Assembly to discuss
the promotion or opposition of the passage of any legislation by the General
Assembly, or any committee of either chamber or a joint committee thereof, or
the override of a veto unless such person either is wearing his or her valid
official registered lobbyist badge or is a resident of the House or Senate
district which such member represents.
(b)
(1) No
person who is registered as a lobbyist under Code Section 21-5-71 shall make
any expenditure.
(2) No
public officer shall with actual knowledge accept any expenditure from a person
who is registered as a lobbyist under Code Section 21-5-71.
History
Code
1981, § 21-5-72.1, enacted by Ga. L.
2013, p. 540, § 6/HB 142.
Annotations
Research References & Practice Aids
LAW REVIEWS. --
For article on the 2013 enactment of this Code section, see
30 Ga. St. U. L. Rev. 129 (2013).
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document
O.C.G.A. § 21-5-75
Current through the 2020 Regular Session of the General
Assembly
GA - Official Code of Georgia Annotated > TITLE 21. ELECTIONS > CHAPTER 5. ETHICS IN GOVERNMENT > ARTICLE 4. PUBLIC OFFICIALS' CONDUCT AND
LOBBYIST DISCLOSURE
§ 21-5-75. Postemployment restrictions on public officers
(a) Except
as provided in subsection (b) of this Code section, on and after January 8,
2007, persons identified in subparagraphs (A) through (D) of paragraph (22) of
Code Section 21-5-3 and the executive director of each state board, commission,
or authority shall be prohibited from registering as a lobbyist or engaging in
lobbying under this article for a period of one year after terminating such
employment or leaving such office.
(b) The
lobbying prohibition contained in subsection (a) of this Code section shall not
apply to persons who terminate such employment or leave such office but who
remain employed in state government.
History
Code
1981, § 21-5-75, enacted by Ga. L.
2005, p. 859, § 23/HB 48.
Annotations
Notes
EDITOR'S NOTES. --
Ga. L. 2005, p. 859,
§ 28/HB 48, not codified by the General Assembly, provides that the Act shall
not apply to any violation occurring prior to January 9, 2006.
Research References & Practice Aids
LAW REVIEWS. --
For article on the 2005 enactment of this Code section, see
22 Ga. St. U. L. Rev. 119 (2005).
ALR. --
Validity, construction, and application of state and
municipal enactments regulating lobbying and lobbying contracts, 35 A.L.R.6th
1.
Hierarchy Notes:
Title Note
Hierarchy Notes:
Chapter Note
Hierarchy Notes:
Article Note
OFFICIAL CODE OF
GEORGIA ANNOTATED
End of Document